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.
Carey Anne Nadeau is a MIT-trained entrepreneur, focused on modernizing the measurement of risk. Formerly a researcher at the Brookings Institution and Urban Institute, Carey Anne went on to found ODN (ODNsure.com), which uses location-based driving data and open data to predict where car crashes are likely and help auto insurance carriers and city Vision Zero Initiatives prevent crashes and save lives. She is the host of Profiles in Risk, a podcast featuring influential drivers of transformation in the insurance industry.
Rani Hoitash is the John E. Rhodes Professor of Accountancy at Bentley University. He received his Ph.D. in accounting and information systems from Rutgers University and a Bachelor of Science in Economics at the College of Management in Tel-Aviv Israel. His research concentrates on corporate governance, internal controls and auditing. His work is published in The Accounting Review, Journal of Accounting Research, Journal of Accounting & Economics, Journal of Financial Economics, Contemporary Accounting Research, Auditing: A Journal of Practice and Theory, Sloan Management Review, and several other journals. Professor Hoitash’s teaching interests include financial accounting, accounting information systems, and auditing. Hoitash recently served as an editor of Auditing: A Journal of Practice and Theory and on the editorial boards of Contemporary Accounting Research and the Journal of Business Research. He is a member of the Information Systems Audit and Controls Association and the American Accounting Association and is a Certified Information System Auditor (CISA).
Landi Morris is a Ph.D. student at Bentley University. Her research interests include audit quality, fees and resources. Prior to pursuing an academic career, Landi served as a tax manager in the Boston office of Grant Thornton LLP. She is a CPA licensed in the state of Massachusetts.
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.”