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.
Lex Boost is the chief executive officer of Leaseweb USA. He is responsible for the development and execution of Leaseweb’s core vision and strategy across the United States. With over 20 years’ experience in the digital industry, he has gained leadership experience from a broad range of organizations and cultures, including both B2B and B2C markets, in startups, as well as large corporations.
Paul Gaynor is the global technology and alliance consulting leader at PwC with responsibility for setting PwC’s network technology and alliance consulting vision and strategy. With more than 25 years of experience at PwC, Paul has provided a broad range of financial, operational and technology consulting services to the firm’s clients in the areas of finance transformation, working capital optimization, ERP implementation and risk management.
Ed Zollars, CPA, is an instructor at Kaplan Financial Education and a frequent contributor to the site Current Federal Tax Developments. With more than 30 years’ experience as a CPA and tax expert, he is a graduate of Arizona State University where he received the Moeur Award for academic achievement.
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.”