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.
Matthew Gagnon is a partner in a Seyfarth Shaw's labor and employment department.
Christopher DeGroff is a partner in Seyfarth Shaw’s labor and employment department.
Bob Lewis is president of The Visionary Group. He has relationships with key leaders in accounting firms nationwide and is a frequent speaker on M&A, private equity, and organic growth, and helps firms assess their ability to remain independent, build enterprise value, and creates and facilitates dozens of material transactions annually. His 30-plus years of support in the accounting profession has provided Lewis with the opportunity to learn from great firm leaders. Beyond his deep experience in M&A and private equity he helps firms with pricing, client upscaling, and overall growth tactics. He is a frequent member of Accounting Today's Top 100 Most Influential People, and co-chairs the Accounting Today Private Equity Summit. He has an accounting background, and his formal education includes a Bachelor of Science in Finance and an MBA, both from DePaul University in Chicago.
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.