Small businesses that manage to get their Paycheck Protection Program loans forgiven may find themselves losing valuable tax breaks, according to new guidance from the Internal Revenue Service.
Companies that qualify for loan forgiveness under legislation Congress approved won’t be able to deduct the wages or other businesses expenses they paid for using the loan, according to an IRS notice published Thursday.
“This treatment prevents a double tax benefit,” the agency said in the notice. “This conclusion is consistent with prior guidance of the IRS.”
The guidance clarifies a point of confusion in the $670 billion small business loan program to help businesses struggling as the coronavirus has brought the economy to a standstill. The law states 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.
Paul Daley joined as Managing Director of BondWave’s Information Lab after serving as head of execution and account management for SunGard’s Fox River Execution where he was responsible for overseeing trading activities in the US, Canada and Japan. In addition to managing the firm’s strategic relationships, Mr. Daley published papers on high-frequency trading, spread time series studies, liquidity modeling, dark pool trading and the nickel spread pilot program. He was also responsible for designing new algorithmic trading strategies and trading suites. Prior to joining Fox River, Mr. Daley was head of quantitative trading at UBS O’Connor, a multi-strategy hedge fund. He was also head of derivative and portfolio trading sales at Merrill Lynch and served as the global head of equity indexing at ABN Investment Management (now a part of Northern Trust Global Advisors). Mr. Daley graduated from the University of Chicago with a Bachelor of Arts in Economics, and received his MBA from the University of Chicago with a concentration in Finance.
Eric Goldberg is a partner in the Consumer Financial Services, Data and Technology practice at Akerman LLP and a former managing counsel for regulations at the CFPB.
George Waller is a blockchain cybersecurity expert and the chief executive officer at BlockSafe.
The tax code permits companies to write off businesses expenses, such as wages, rent and transportation expenses, but generally doesn’t allow write-offs for tax-exempt income.
The ruling adds to the list of stumbling blocks facing businesses as they try to qualify for the Paycheck Protection Program loans.
Small businesses have reported technical issues in trying to apply for the funds, which restarted Monday after the first round of funding ran out after just 13 days.
The program, run by the Small Business Administration, provides funds to cover eight weeks of payroll costs and the loans are forgiven if the employers keep workers on the job or quickly rehire laid-off workers.