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 agency proposed changes in December to how customer relationships affect the definition of brokered funds, which has big implications for banks that are not well capitalized.
Mastercard has increased the contactless payment limit to CA$250 across Canada to provide consumers with a safer way to pay during the coronavirus pandemic.
Bonnie Sinnock is National Mortgage News' Capital Markets Editor at Arizent and has worked for NMN and affiliated publications since 1995. Her previous roles have included assisting in the coordination of origination coverage, technology reporting and chronicling cross-border issues.
Bonnie currently edits and writes about mortgage capital markets topics that include servicing, acquisitions, industry funding sources, securitization and other secondary market sales. Secondary market topics covered include two government-sponsored enterprise loan buyers that the U.S. has been considering spinning off part of in a new and potentially groundbreaking initial public offering.
She also has contributed articles to multiple award-winning Arizent series, including:
- Election Coverage (Finalist, Neal Awards 2025), for her 2024 reporting on the likelihood Fannie Mae and Freddie Mac reform in the second Trump administration
- Online Single-Topic Coverage by a Team (American Society of Business Editors, Regional Bronze 2023), for participating in group reporting about industry layoffs.
- Online Breaking News Coverage (Regional Bronze, Azbees 2021) for contributing to a package of stories on about the initial impact of the pandemic on the mortgage market
- Best News Coverage (Neals 2016) for one of the articles in a package delving into multiple aspects of the transformative TILA/RESPA Integrated Disclosure rule
Other journalistic accomplishments and designations include:
- New York Financial Writers Association member
- Reporter for the NonProfit Times, the Courier News, and the Los Angeles Independent
- Published articles in the Los Angeles Times and the Saginaw News
- Bachelor of Science in Journalism degree from Northwestern University
Twitter: @bcynic
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.”