The top Republican and Democrat on the Senate Finance Committee said the Treasury Department “missed the mark” in new guidance that limits tax breaks for businesses that get their Paycheck Protection Program loans forgiven.
In a joint statement Thursday, Senate Finance Chairman Chuck Grassley and Democrat Ron Wyden said the Treasury is depriving some small businesses of much-needed economic relief by forcing them to choose between getting their PPP loans forgiven or claiming write-offs on expenses they covered with the loan money. The IRS published guidance on the issue Wednesday.
“Regrettably, Treasury has now doubled down on its position in new guidance that increases the tax burden on small businesses by accelerating their tax liability, all at a time when many businesses continue to struggle and some are again beginning to close,” Grassley and Wyden said.
The congressional reaction to the guidance puts additional pressure on the Treasury and Internal Revenue Service to allow taxpayers to claim the expense deductions. Grassley and Wyden encouraged the IRS to reverse its position.
The lawmakers said they are working to include language in year-end legislation clarifying that taxpayers qualify for expense deductions even if their loans are forgiven. That could be included in government spending legislation that Congress must pass by Dec. 11 before federal funding runs out.
Chris Moran, a tax attorney for law firm Venable LLP, said, “the IRS guidance seems to be inconsistent with congressional intent” in the CARES Act, which created PPP loans for businesses struggling from the pandemic. The law stated that the forgiven loan won’t be taxed, but didn’t specify whether companies could still write off the expenses they covered with that money.
Gregg O'Connor is a vice president at Stout. He has experience providing domestic and cross-border tax due diligence and tax structuring services to both private equity and strategic clients. He has extensive experience across a broad range of industries, including technology, media & telecommunications, healthcare, business & professional services, industrial, and consumer products. He advises private equity firms as well as public and private companies throughout the M&A transaction lifecycle. Prior to joining Stout, he was a manager in PriceWaterhouseCoopers' M&A Tax group. He also worked at KPMG in the M&A Tax group and Grant Thornton on the International Tax team.
Laura Cave is the Chief Brand Officer at Paytient, a healthcare technology company building flexible payment solutions to help people access and pay for care. Laura has played a pivotal role in shaping the narratives of innovative healthcare companies, including Oscar Health, K Health, and Ansel Health. At Paytient, she champions financial solutions that empower employees and health plan members to manage medical expenses without financial strain.
Wilbur Jenkins is the Executive Vice President & Chief Operating Officer at WoodmenLife — an industry leader with more than $11 billion in assets — where he leads Core Operations, Human Resources, and Strategic Initiatives with a focus on driving digital transformation to enhance the customer experience. His career includes senior roles at Argo Group International Holdings and Hartford Financial Services Group. Jenkins is known for his ability to lead cross-functional teams across enterprise-wide functions to achieve strategic goals.
Excluding the forgiven loan from tax “is essentially meaningless if the expenses funded by the loan are nondeductible,” Moran said.
Still, many taxpayers aren’t expecting to get permission to claim the deductions, from the IRS or Congress, in the short term.
“I think most of them are, at least for now, resigned” to not getting the write-offs, Joe Kristan, a partner at the accounting firm Eide Bailly LLP in Des Moines, Iowa. “They’d certainly like to be allowed by Congress to step in and allow their deductions, but they’re not counting on it.”