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.
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Craig Carpenter is the chief executive officer at X1. Craig has 20 years of experience as a CEO, COO, CRO, CMO and general counsel in the eDiscovery, compliance and cybersecurity spaces.
Prior to X1, Craig was the CEO of Fronteo (NASDAQ: FTEO), before which he was SVP of sales at Kroll Ontrack until its acquisition by the Carlyle Group. Prior to Kroll Ontrack, Craig was CMO and then COO at AccessData, before which Craig spent seven years as the VP of marketing and business development and general counsel at Recommind prior to its acquisition by Open Text (NASDAQ: OTEX). Before Recommind, Craig ran global marketing and channel teams at Fortinet (NASDAQ: FTNT) prior to its IPO and at Mirapoint prior to its acquisition by Openwave (NASDAQ:SNCR).
Craig began his career as a practicing attorney at Ropers, Majeski, Kohn & Bentley in Silicon Valley. Craig has a JD and MBA from Santa Clara University and BAs in Political Science and History from UCLA where he played football and rowed crew.
Peter Ku is vice president and chief industry strategist - financial services, at Informatica.
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.”