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.
Angie Villamaria is the director of solution consulting for Welltok, where she works with clients to understand their objectives and align solutions that optimize consumer health by connecting them to the right programs and resources in a personalized way. Angie has over 25 years of experience working in the public health, benefits, employee wellbeing, health plan design and healthcare delivery sectors.
Ines Polonius is CEO of Communities Unlimited Inc., a CDFI and not-for-profit organization driving community economic development through the building of entrepreneurial ecosystems, direct assistance and capital to micro-enterprises, small businesses and infrastructure improvements in persistently poor rural places across Arkansas, Texas, Oklahoma, Louisiana, Mississippi, Alabama and Tennessee. In 1998, Polonius founded alt.Consulting and became its executive director in 2003.alt.Consulting was dedicated to starting, growing, transitioning and turning around micro-enterprises and small businesses in the Arkansas Delta until a successful merger with Community Resource Group in 2014 formed Communities Unlimited Inc.
Chrystel Cornelius is the executive director of First Nations Oweesta Corp., a National Native CDFI intermediary lender servicing the Native CDFI industry for the last 20 years. Cornelius has over 20 years’ experience working in Native and rural communities focusing on capitalization structures and community development projects.
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.”