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.
Brian Byrne is director of engagement and operations for EMVCo.
Michael Lemberger is senior vice president of risk for North American at Visa.
Erik Asgeirsson is a technology industry veteran with expertise in cloud computing , e-commerce and business expansion. He has led CPA.com, the technology subsidiary of the American Institute of CPAs, since 2002. Asgeirsson is regularly listed in Accounting Today’s annual Top 100 Most Influential People in the CPA Profession, and is a member of the DigitalNow Advisory Group, which counsels association leaders on opportunities in the digital age. Before joining CPA.com, he held a variety of senior positions at AT&T in sales, product management and operations. In his last role, he was a sales director for AT&T Business Services — the company’s largest division — where he oversaw a market segment with revenues of more than $100 million. He holds an MBA from The New York University Stern School of Business and a B.S. in Electrical Engineering from George Washington University. Early in his career, he served as a Peace Corps volunteer in Tanzania. He lives in Rye, N.Y., with his wife and three daughters. In his spare time, Asgeirsson is an enthusiastic sailor and skier.
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.”