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.
Mona Malone is chief human resources officer and head of people and culture for BMO Financial Group. She is accountable for the people and culture agenda at BMO, which includes human resources, corporate communications, community giving, the office of the Chief Executive Officer, BMO Quebec and the bank’s corporate university, BMO IFL.
Malone has held roles in human resources and in the business for over 20 years at BMO. She was a retail banking sales leader at BMO in the GTA and VP product and marketing officer at ePost (a joint venture between Canada post and BMO). In addition, she has held a range of senior HR roles such as CHRO of Canada’s Personal and Commercial Banking group and chief learning and talent officer.
Malone lives in Toronto with her husband and three children. She is a recipient of the Queen’s Diamond Jubilee Medal in recognition of her community service with youth development organizations.
Malone holds an Honours Business Administration degree from Ivey Business School at University of Western Ontario. She is an advisory council member for the Ian O. Ihnatowycz Institute for Leadership at the Ivey Business School, and a member of the Branksome Hall board of governors and the Long Run Initiative board of governors.
Caroline Seymour is vice president of product marketing at Zerto.
Ernest Anunciacion, director of product marketing at Workiva, has over 15 years of experience in internal audit, risk management and business advisory consulting. He is a Certified Internal Auditor and Six Sigma Black Belt. He holds an undergraduate degree and an executive MBA from the Carlson School of Business at the University of Minnesota.
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.”