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.
Dominic Frederico is President and Chief Executive Officer of Assured Guaranty Ltd., a position he has held since December 2003. During his tenure, Assured Guaranty became the leading provider of municipal bond insurance and financial guarantees. Assured Guaranty completed its initial public offering in 2004 under his leadership, and, in 2009, acquired the financial guaranty insurance company now named Assured Guaranty Municipal, thereby merging the only two monoline insurers to continue writing policies before, during and after the Great Recession.Mr. Frederico has supervised the operations of Assured Guaranty since its acquisition in 1999 by ACE Limited, where he was Vice Chairman, and also served as Chairman of ACE Financial Services, ACE INA and ACE USA. He worked at ACE for nine years prior to his post at Assured Guaranty, progressing to increasingly senior positions, including: President & CEO, ACE Bermuda; Chairman, President & CEO, ACE INA Holdings; and President & Chief Operating Officer, ACE Limited. He oversaw the successful acquisition and integration of the domestic and international property casualty operations acquired by ACE from CIGNA Corporation in July 1999 and the acquisition of Capital Re Corp., the predecessor company to Assured Guaranty, in December 1999.Prior to joining ACE, Mr. Frederico spent 13 years working for various subsidiaries of the American International Group.Mr. Frederico holds an M.B.A. in Finance and a B.S. from Drexel University, as well as a Certified Public Accountant�s designation in the State of Pennsylvania. In addition to his professional responsibilities, he is a member of the American Institute of Certified Public Accountants and the Pennsylvania Institute of Certified Public Accountants.�
Christine has significant experience serving as bond counsel, disclosure counsel and underwriter�s counsel on financings, including general obligation bonds and revenue bonds for transportation, water, sewer, power and tax increment projects. Her practice focuses on public finance transactions for state agencies, counties, cities, urban renewal agencies, school and special districts, and tribal governments. Her experience also includes conduit 501(c)(3) financings, full faith and credit or limited tax obligations, private bank placements, and shortterm obligations, including notes and lines of credit.
Robert Feyer is a Senior Counsel in the Public Finance Department of Orrick, Herrington & Sutcliffe LLP�s San Francisco office, with more than 37 years of experience representing issuers and underwriters of municipal bonds.� For most of this time Mr. Feyer has been the senior bond and disclosure counsel for the State of California, the largest issuer of municipal debt in the U.S.� Mr. Feyer is a frequent panelist on municipal finance and disclosure matters, including the Bond Buyer�s recent Webinar on the SEC Municipalities Continuing Disclosure Cooperation initiative.� Mr. Feyer is a member of the National Association of Bond Lawyers (Securities Law Committee) and the American College of Bond Counsel.
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.”