---
title: "国会可以推翻美国国税局拒绝薪金保护费用减税的规定"
description: "Some Senators and Congressmen are pushing back, saying that expenses funded with small business loans should be tax deductible after all, disagreeing with the IRS ... The CARES Act does not say one wa"
type: "news"
locale: "zh-CN"
url: "https://longbridge.com/zh-CN/news/13096431.md"
published_at: "2020-05-02T17:53:56.000Z"
---

# 国会可以推翻美国国税局拒绝薪金保护费用减税的规定

> Some Senators and Congressmen are pushing back, saying that expenses funded with small business loans should be tax deductible after all, disagreeing with the IRS ... The CARES Act does not say one way or the other, but the IRS has a point when it cites several traditional tax principles for the usual notion that if income is tax exempt, you usually cannot also claim deductions relating to it ... The CARES Act expressly says that the PPP loan forgiveness amount are not to be treated as taxable i

On April 30, the IRS ruled out tax deductions for wages and rent paid with forgivable PPP loans. The IRS views it as a double dip. But some Senators and Congressmen are pushing back, saying that expenses funded with small business loans *should* be tax deductible after all, disagreeing with the IRS. The stakes clearly matter to businesses who have scooped up Paycheck Protection Program loans of up to $10M to keep their employees on the payroll during the shutdown. If you comply with the rules, you don’t have to pay the loan back. What’s more, there is no forgiveness of debt income when your loan is forgiven, which is normally when "loans" are taxed as income. There are exceptions to the rule that written off debt is taxed as income if you are insolvent or bankrupt, but otherwise cancellation of debt income hurts.

![Views Of The IRS Headquarters As Congress Debates Tax Reform](https://imageproxy.pbkrs.com/https://specials-images.forbesimg.com/imageserve/5eadb370bf289800084680b2/960x0.jpg/query-Zml0PXNjYWxl?x-oss-process=image/auto-orient,1/interlace,1/resize,w_1440,h_1440/quality,q_95/format,jpg)

However, IRS Notice 2020-32 says you cannot claim tax deductions when you use the loaned PPP money to pay wages, rent, etc. The IRS says “this treatment prevents a double tax benefit.” Of course, the PPP loans are *supposed* to be used for exactly that purpose. Obviously, even in normal times, business expect wages, rent, etc. to be fully deductible. So who is right? It can be debated, and in fact was debated in tax circles before the IRS made its grave announcement. When the PPP came out, the allotted money ran out fast, but Congress eventually came to the rescue by authorizing more money. One wonders if there might be a third chunk of funding too. But tax deductions are plain vanilla for business wages and rent, aren’t they?

On the tax deduction point, some advisors cite support for the deductions, since the CARES Act did not expressly say otherwise. That is really the issue. This is clearly a relief provision for businesses in trouble, and surely Congress would have said no deduction if it meant that, correct? The CARES Act does not say one way or the other, but the IRS has a point when it cites several traditional tax principles for the usual notion that if income is tax exempt, you usually cannot *also* claim deductions relating to it. Applying the rules consistently, the IRS says, you shouldn’t be able to get the free money, not pay discharge of debt income, *and still* deduct the payments of wages and rent made with the free money. The IRS notice confirms their view that this no double benefit rule applies.

Today In: Taxes

-   Taxing Digital Advertising: Its Time Has Not Yet Come
-   Should Employers Get A Tax Opinion For Paid Sick Leave Credits?
-   Unemployment Benefits For The Self-Employed, Independent Contractors, And Gig-Economy Workers: Lawyer On The Front Lines Answers Common Questions

Still, there are good arguments for deductions too. There could be a dispute about what Congress really meant in the hastily passed CARES Act, and the push-back from some in Congress suggests that. Despite the IRS statement, some people have said they may try to deduct these expenses anyway and fight with the IRS about it if needed. And the tax law is sufficiently debatable that some of those taxpayers could win, too. The latest from some congressional leaders could embolden some people in that direction. The CARES Act expressly says that the PPP loan forgiveness amount are not to be treated as taxable income, and proponents of deductions say the IRS denial of deductions is flatly inconsistent with that. Maybe it even makes it meaningless?

Of course, the PPP loan money still is the government funding the wages for that time, so the IRS has a point too under the tax law. But Senate Finance Committee Chair Chuck Grassley, R-Iowa stated,“The intent was to maximize small businesses’ ability to maintain liquidity, retain their employees and recover from this health crisis as quickly as possible. This notice is contrary to that intent.” Sen. Grassley has not said if Congress will try to reverse the IRS deduction nix by statute. However, House, Ways and Means Committee Chair Richard E. Neal, D-Mass., announced with his spokesperson Erin Hatch that “We are planning to fix this in the next response legislation.”

The Paycheck Protection Program allows loans of up to $10 million at 1% interest to employers with fewer than 500 workers to cover two months of payroll and overhead. If you keep your workers and do not cut their wages, the government will forgive most or all of the loan and even repay the bank that actually made you the loan. The loan amounts will be forgiven as long as: (1) The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8-week period after the loan is made; and (2) Employee and compensation levels are maintained. Payroll costs are capped at $100,000 for each employee. SBA lenders have details.

## Related News & Research

| Title | Description | URL |
|-------|-------------|-----|
| SK 海力士高盛电话会：所有客户需求都无法满足，今年存储价格持续上涨 | SK 海力士在高盛电话会上释放强烈信号：存储行业已全面进入卖方市场。受 AI 真实需求驱动及洁净室空间受限影响，今年存储价格将持续上涨。公司透露目前 DRAM 及 NAND 库存仅剩约 4 周，且没有任何客户能完全满足需求。随着 2026  | [Link](https://longbridge.com/zh-CN/news/276505903.md) |
| 传言成真？英伟达对 OpenAI 的 “1000 亿美元投资” 最终 “打了三折” | 据报道，英伟达正接近敲定对 OpenAI 最高 300 亿美元的股权投资，取代此前官宣的 1000 亿美元合作框架。原有协议因条款分歧与内部疑虑未能落地，黄仁勋亦曾强调其不具约束力。此次新融资轮规模或超 1000 亿美元，OpenAI 估值 | [Link](https://longbridge.com/zh-CN/news/276507066.md) |
| 特朗普新加征关税税率加码至 15% 美政府 “越权” 关税引企业诉讼潮 | 美国最高法院裁定特朗普政府的关税政策 “越权”，特朗普随即宣布自 2026 年 2 月 24 日起对所有国家商品加征 10% 进口关税，并于 21 日将税率提升至 15%。此举引发数百家企业提起诉讼，要求退还因特朗普关税政策支付的额外关税款 | [Link](https://longbridge.com/zh-CN/news/276522156.md) |
| Brewdog 的联合创始人将投入数百万资金以拯救这家陷入困境的酿酒商 | 詹姆斯·瓦特（James Watt），Brewdog 的联合创始人，计划投资 1000 万英镑自有资金进行对这家陷入困境的精酿啤酒厂的救助。他正在寻求外部投资者的额外资金支持，因为 Brewdog 已被挂牌出售。该公司面临亏损和酒吧关闭的困 | [Link](https://longbridge.com/zh-CN/news/276512447.md) |
| 距离 TechCrunch Disrupt 2026 门票价格上涨仅剩 7 天 | 超级早鸟票价的优惠将于 2 月 27 日晚上 11:59（太平洋时间）结束，个人通行证可节省高达 680 美元，社区通行证可享受 30% 的折扣。此次活动将于 10 月 13 日至 15 日在旧金山的 Moscone West 举行，预计将 | [Link](https://longbridge.com/zh-CN/news/276516270.md) |

---

> **免责声明**：本文内容仅供参考，不构成任何投资建议。