IRS denies deductions for forgiven paycheck protection loans

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.

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.”

IRS-Building-light
The IRS headquarters building in Washington, D.C.
Andrew Harrer/Bloomberg

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.

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Mark Segal, PhD, is principal at Digital Health Policy Advisors, a digital health policy consultancy. He provides strategic counsel to clients on such issues as interoperability policy, value-based payment programs, and health IT regulation and patient safety. Until December 2017, Mark was vice president of government and industry affairs for GE Healthcare Digital. He has provided advice to ONC and CMS and has been active as a leader and expert participant in numerous health IT-related organizations and efforts addressing critical policy issues

Robinette-Diane-Incisive Software

Diane Robinette is CEO of Incisive Software, a leading provider of spreadsheet risk intelligence solution. She has more than 20 years of experience in strategic planning, marketing, product management, business operations and management, and has worked in companies from start-up to large enterprises in various industries including high tech, aerospace and defense, telecommunications, financial services, and transportation.

Ken Krupa is CTO of MarkLogic.

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.