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.
Amit Ringshia is a principal in KPMG's New York Ignition office. He focuses on the design and delivery of technology solutions and has more than 16 years of experience delivering tax technology driven transformations. He is focused on innovating solutions in areas of tax data management, tax process automation and integration, tax analytics, digital labor and tax department collaboration. He is responsible for assisting in technical aspects of projects including solution design, development, infrastructure, governance models, management and migration. He has architected solutions that integrate multiple tax technologies with company technologies to optimize efficiencies for an effective tax function. He leads teams with experience in software development and tax domain. He supports engagements by leveraging his technology and tax experience with project execution and delivery expertise. He has assisted engagement teams and their clients to enhance the utilization of technology in data collection, processing, analysis and reporting. In addition, he has delivered tax technology solutions that span the breath of tax department functions such as planning, compliance, transfer pricing, audits and provisioning for both direct and indirect tax functions. He is an active member of various tax and technology groups in New York City and is a regular speaker at various tax and technology conferences. He also organizes innovative technology sessions and trainings for tax professionals.
Greg Ryan is a Bloomberg News reporter in Boston covering the economy and politics of Massachusetts.
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.”