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.
Georgina Bulkeley serves as a Managing Director of Global Financial Services and an Industry Leader at Google Cloud. In her role, Georgina works with Banking, Insurance and Capital Markets clients around the world and regularly acts as a spokesperson for Google Cloud.
Georgina brings more than 24 years of experience in the Financial Services Industry. She most recently served as the Chief Operating Officer at NatWest Retail Bank, having previously been the Director of Risk and Compliance and the Head of Financial Strategy. While at NatWest she delivered a number of award-winning Banking innovations in the areas of Voice Banking and Biometric Debit and Credit cards. Prior to NatWest, Georgina was the Director of Structured Finance at Standard Life Investments and she started her career at Goldman Sachs in the Investment Banking and Capital Markets Divisions. She has also served as a Board Member at both FreeAgent, the award-winning Cloud based SME accounting platform and the Edinburgh Sculpture Workshop.
Georgina holds an LLB in Law from Durham University and Diplomas from Oxford University, London Business School and Singularity University in Silicon Valley. She is also a Fellow of the Salzburg Global Finance Forum, an Associate at the Edinburgh Futures Institute and a mentor on the FTSE100 Mentoring Foundation Executive Programme.
Eric Joost is President of Artificial, where he leads the company's U.S. expansion and works with specialty brokers and carriers to modernize how placement and underwriting get done. He has extensive experience across brokerage, underwriting, operations and technology in the commercial insurance market.
Before joining Artificial, Eric held senior roles at WTW, Aon, Allianz and CAC Group, where he worked hands-on with insurers and brokers to modernize legacy processes, build new distribution channels and translate emerging technology into measurable business outcomes.
David studied Accounting and Economics at Loyola University Chicago and later deepened his expertise at MIT, focusing on Data and Economic Policy. He was the innovator behind Deloitte Cortex, Deloitte's flagship analytics platform, and previously led software innovations at both Deloitte and Synchrony Bank. With a strong technical background in machine learning and large language models (LLMs), David drives the development of Abacus' products and infrastructure. Today, he guides the company's vision, product strategy, and enterprise AI innovation across regulated industries.
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.”