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.
Vinay Pai is an experienced technology executive with a track record of leading high-performing international organizations and driving technology transformation at scale and business growth globally. As the senior vice president of engineering at Bill.com, he leads the technology teams that develop and deliver the Bill.com product portfolio. Prior to joining Bill.com, he was SVP of engineering at First Data, where he led engineering for the Clover point-of-sale product line. Earlier, Pai held several leadership roles in the small business group during his eight years at Intuit, which he joined as part of the PayCycle acquisition. Most recently, as vice president for Intuit Developer Platform, he led the business segment responsible for the QuickBooks ecosystem of third-party applications and developers. He has also held engineering leadership roles at Cassatt, Sun Microsystems and Schlumberger, and founded a startup on the Apple platform that delivered three products.
Pay has MS electrical engineering, BS electrical engineering and BA computer science degrees from Rice University.
David Henka is CEO and President of ActiveRADAR, a company specializing in pharmacy cost reduction programs for employers, health plans, and trust funds.
Carolyn Bradner Jasik, MD, is chief medical officer at Omada Health.
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.”