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.
Stefan is one of the co-founders and now Senior Product Owner for TeamMate Analytics. He began his career as an Auditor at KPMG. During 9 years there, he also spent time in Internal Audit, Forensics, Transaction Services and Management Consulting working with a wide range of clients from small owner-managed businesses to FTSE 100 companies. Stefan has a huge passion for Data Analytics and increasing its use in auditing.
Kim Conaway, CPA is a Product Manager for the Accounting and Audit Solutions. Kim has been with CCH
since 2003. During her time at CCH Kim spent almost six years on the Engagement Training and
Consulting Team helping hundreds of accounting firms improve their processes through technology and
efficient audit techniques. This experience gives Kim a unique understanding of the needs and best
practices for firms of all sizes in her current role as and the Product Manager for Engagement,
Engagement Organizer, Knowledge Coach and TeamMate Analytics. Prior to joining CCH Kim spent over
four years in public accounting working for two local Pittsburgh firms focusing primarily on audits,
reviews and compilations of commercial, not for profit, and governmental entities.
Erwann is a leader of McKinsey's North American Insurance Practice. He brings 20 years of experience defining and executing value creation strategies and at-scale impact to his clients on topics of transformation, resilience, risk management, organizational effectiveness, risk culture, behavioral economics and decision making. He is passionate about developing and applying (digital) innovations to improve business competitiveness and public sector service.
Award-winning author of seven books, he has been recognized by the World Economic Forum as one of the most extra-ordinary leaders of the world under 40. Before joining McKinsey, Erwann held senior positions at leading corporations, non-for-profits, international organizations, and academic institutions on several continents.
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.”