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.
The service reminded taxpayers they will need to resume paying their taxes on July 15, but the AICPA is asking for further relief, as an inspector general report sheds light on the unprecedented filing season.
The Institute of Internal Auditors and the International Federation of Accountants are calling on audit committees to be vigilant about risk management, performance, controls and processes during the COVID-19 pandemic.
Nancy Ekrem has been a principal of the firm DME CPA Group PC since 1991 where she currently serves as Managing Director. DME is located just north of Seattle and services business and individuals throughout the region. Her main focus is serving clients in the areas of Estate Planning, Income Tax Planning, Business Planning, and compliance with Generally Accepted Accounting Principles (GAAP). Innovation and growth are everywhere in business and life. Nancy loves digging into an opportunity and finding an innovative way to do things. Nancy attained her CPA certificate in 1982, and has spent most of her career in public accounting. She has been with the firm since 1985. Nancy is a graduate with a BS in Business Administration from Seattle University (1981) - (Go Redhawks), a member of the Washington State Society of CPAs and the American Institute of CPAs. Currently a member of the Board of Directors of Camp Fire Snohomish Council, the Board of Directors of Greater Edmonds Chamber of Commerce where she serves as Chair, Economic Alliance Snohomish County where she serves as Treasurer, she has spent much of her time serving on various committees and boards throughout the region that emphasize business, arts, and youth. She lives in Seattle with her husband Vance. They are the parents of adult children and have twin grandsons. (Being a Grand is Grand!) They enjoy traveling, hanging out with friends, and hosting "family" dinners. One of Nancy's favorite activities is working with teenagers.
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.”