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.
Matej Trbara is the co-founder of Farseer, a rapidly growing SaaS company in Croatia dedicated to revolutionizing business modeling, planning, and analysis. He previously served as an engineering manager at DeepAR.ai and ShopAR, where he led core development teams building 3D and augmented reality face-tracking SDKs. He holds a master's degree in computer software engineering from the University of Zagreb and specializes in transitioning complex data frameworks into automated enterprise solutions.
Adam Cohen is the co-founder of Morph Services, which uses innovative technology to unlock previously trapped data in heavily regulated sectors, including the tax space.
Alex Burggren serves as VP, consultant relations leader at AccessHope, where he focuses on strengthening relationships with the benefits consultancy community and advancing strategic engagement across the market.
Previously, he held leadership roles at Virta Health and Virgin Pulse (now Personify Health), where he led consultant engagement initiatives supporting employer health innovation. He began his career in health benefits consulting at Mercer and WTW.
Alex holds an MBA from the Marshall School of Business at the University of Southern California and a Bachelor of Science in Physiology from the University of California, Davis.
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.”