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.
Shelley Brazeau Temple serves as President of Nationwide P&C Personal Lines. In this role, Shelley is responsible for all aspects of the Personal Lines Profit and Loss (P&L) segment including product, underwriting, sales and distribution, claims and service.
She most recently served as Nationwide P&C Senior Vice President and Chief Claims and Operations Officer. Prior to that, she served as Senior Vice President of Member Solutions, leading the company’s insurance servicing and billing operations and direct phone sales organization.
Other leadership positions she has held are:
- Regional Vice President of Nationwide’s South Central Operations, responsible for sales, pricing, underwriting and product in a six-state geography, and managing a more than $660 million in sales revenue through exclusive agents and direct sales.
- VP of Strategy and Operational Effectiveness for Customer Service and Direct Sales of Nationwide, developing and executing an innovative contact center strategy.
- VP of Personal Lines Service Operations, responsible for personal lines service and processing center operations.
Shelley began her career at Nationwide as a Claims associate 27 years ago. Her increased responsibilities in leadership positions throughout the years also led her to work with internal audits, product and agency sales.
Shelley holds a bachelor’s degree from Bowling Green State University and the Chartered Property and Casualty Underwriting (CPCU) designation. She has served on several non-profit boards, including Ronald McDonald Children's Charities and the American Lung Association of the Midland States with participation in development, audit/finance and executive committees.
As an accounting professional, these are tough days. But that doesn’t mean your practice can’t grow during this season.
Adam Tarnow is the founder of Tarnow & Company, a business development consulting firm focused on accountants and other professional service providers. He can be reached at Adam@TarnowCompany.com.
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.”