Private Bankruptcy Filings Are Blowing Past Their COVID-Era Peaks as Credit Stress Builds for Small Businesses

Laura Lynn Gonzalez expected a tax refund this year, after her two-employee data-visualization company experienced a $30,000 loss. Instead, she said, she is facing a $100,000 federal tax bill that is about as large as her 2022 salary. Ms. Gonzalez’s predicament stems from a piece of the 2017 tax law that is taking effect now. It requires companies to spread deductions for research costs over five years instead of taking them immediately, the Wall Street Journal reported. For many biotech companies, contract manufacturers and software firms, the law means losing the ability to deduct the bulk of their expenses on the tax returns they are about to file. That means some businesses that broke even or lost money in 2022 are considered profitable for tax purposes—and are finding they owe money to the Internal Revenue Service. For large companies, such as Northrop Grumman Corp. and Moderna Inc., the change is a cash-flow challenge, one that gets easier after several years even if Congress doesn’t act. It is a much bigger hurdle for small and medium-size firms that can’t tap reserves or borrow easily.
U.S. Sens. Ben Cardin (D-MD) and Joni Ernst (R-IA) are urging the Small Business Administration (SBA) to rework proposed changes to its loan underwriting program that would allow financial technology companies to participate as lenders, FinancialRegNews.com reported. The lawmakers were both opposed to two proposed SBA rules: The Affiliation and Lending Criteria for the SBA Business Loan Programs, 87 FR 64724, and Small Business Lending Company (SBLC) Moratorium Rescission and Removal of the Requirement for a Loan Authorization, 87 FR 66963. The senators said these proposed rules would loosen key 7(a) program requirements and remove critical safeguards designed to prevent fraud and abuse. Specifically, they said it would allow an unlimited number of non-bank financial technology companies, or fintechs, to participate as lenders. The lawmakers contend that many of the fintechs were among those responsible for issuing billions of dollars in what turned out to be Paycheck Protection Program (PPP) fraud.