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.
Rod Simmons is vice president of product strategy for active directory at Stealthbits Technologies.
Grant Easterbrook is co-founder of Dream Forward.
Merritt Maxim is a principal analyst at Forrester Research. He contributes to Forrester's offerings for security and risk professionals. Merritt covers identity management and access management, including user provisioning, access governance, customer identity and access management (CIAM), identity-as-a-service (IDaaS), single sign-on (SSO), user directory infrastructure, and internet-of-things (IoT) security. His research builds on his 20 years of experience helping security leaders at global enterprises derive optimal business value from their identity and access management initiatives for employees, partners, and customers.
Merritt has spoken at industry events such as the RSA Conference and Cloud Identity Summit on identity-related topics. He also coauthored the book Wireless Security.
Previous Work Experience
Prior to joining Forrester, Merritt managed product marketing for identity management and access governance at CA Technologies, where he was involved in global go-to-market strategies, product positioning and strategy, competitive analysis, and sales enablement. Previously, Merritt held product management and product marketing roles at Security Dynamics, RSA Security, Netegrity, Nuance, and OpenPages.
Education
Merritt holds a B.A. (cum laude, with high honors) in history from Colgate University and an M.B.A. degree from the MIT Sloan School of Management.
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.”