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.
John G. Bruno serves as Aon’s Chief Operating Officer as well as Chief Executive Officer of Aon’s Data & Analytic Services Solution Line, which includes the firm’s technology-enabled Affinity and Human Capital Solutions businesses. Bruno joined Aon in September 2014 and has served in several leadership positions with increasing responsibility including Executive Vice President of Enterprise Innovation & Chief Information Officer and Chief Operations Officer & head of Aon Business Services.
Prior to joining Aon, Bruno was Executive Vice President, Industry & Field Operations and Corporate Development for NCR Corporation, where he led all of NCR’s lines of business inclusive of financial services, retail, hospitality, travel, telecom and technology, interactive printer solutions and small business.
Throughout his 30-year career he has held senior business and technology leadership positions with increasing responsibilities with Fortune 500 companies including United Parcel Service, Cisco Systems, Merrill Lynch and Goldman Sachs. Bruno currently serves on the Board of Directors for Global Payments
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Steve Shorrock is president of Veris Settlement Partners and LifeVentures Corp. He was previously president and CEO of Banker’s Life Insurance Co.
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.”