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.
René Dufrene is industry solutions general manager for financial services at AT&T Business.
Dominica DeGrandis is director of digital transformation at Tasktop. She teaches technology and business organizations how to optimize workflow across value stream networks. She helps teams reveal mutually critical information using Lean, Kanban and Flow methods. As author of “Making Work Visible - Exposing Time Theft to Optimize Work & Flow,” DeGrandis helps large organizations improve their capability to visualize workflows and create more business value. She blogs at ddegrandis.com and tasktop.com, and tweets at @dominicad.
Leo D’Acierno has two decades of experience managing and consulting to banks, brokerages and other financial services firms. Most recently, he served as a partner in the financial services practice in the New York office of Bain & Company. Mr. D’Acierno founded the bank consulting and information services firm PriMETRIQ in 2003 and later merged it into financial services specialist Novantas, where he led the distribution and sales practice and helped clients maximize the effectiveness of their investments in branch networks, professional sales forces and electronic channels. Mr. D'Acierno previously served in senior executive roles at TDAmeritrade, the online brokerage firm, and Kinexus, a provider of portfolio aggregation services to private banks and wealth management firms. Mr. D’Acierno began his career at BoozAllen and Hamilton, where he served as a partner in the financial services practice working with global banking, credit card and asset management clients. Mr. D’Acierno holds an A.B. in History and Economics from Harvard University.
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.”