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.
Ennie Lim is the CEO and co-founder of HoneyBee, a Certified Benefit Corporation with a mission to re-imagine financial health support in the workplace. HoneyBee’s holistic financial wellness platform provides employees with on-demand financial education and access to emergency funds for life’s unexpected expenses.
She currently sits on the governing board of the NCHRA, one of the nation's largest HR associations representing over 30,000 HR professionals.
Eric Kim is a director in Fitch Ratings higher education and non-profit institutions group. Eric joined Fitch in March 2007, and he works on credit analysis for new bond offerings, as well as surveillance of existing ratings in a variety of sectors including higher education & non-profits, tax-backed, water and sewer, healthcare, and public power. Eric was previously chief of staff for the first deputy commissioner at the New York City (NYC) Taxi and Limousine Commission for two and a half years. He also worked as a project manager at the Lower Manhattan Borough Commissioners Office in the NYC Department of Transportation (DOT). Eric began his career as a NYC Urban Fellow, providing research and analytical support in the commissioners office at the DOT. Eric earned a BA from Brown University and an MPA with a public finance specialization from the Wagner School of Public Service at New York University.
Managing Director, Moody's
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.”