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.
Thomas Curry is a partner in Nutter’s Corporate and Transactions Department and a co-leader of the firm’s Banking and Financial Services group. He advises clients in a wide range of policy, regulatory, governance and other matters. He chairs the Milken Institute’s Fintech Advisory Committee. Before joining Nutter, Curry served as the U.S. comptroller of the currency until May 2017. He most recently served as an expert consultant for the International Monetary Fund.
Anurag Kahol is CTO of Bitglass.
Amy DeMartine is a principal analyst at Forrester Research. She helps security and risk professionals transform their current software and application security practices to support continuous delivery and improvement, focusing on strong partnerships with application development, operations, and business teams. Her research covers topics such as proactive security design, security testing in the software delivery life cycle, protection of applications in production environments, and remediation of hardware and software flaws.
Previous Work Experience
In her previous role at Forrester, Amy served infrastructure and operations professionals, covering the strategy, design, organization, and implementation of modern service delivery, including continuous delivery, DevOps, and SecureOps. She has more than 20 years of experience in product management, product and technical marketing, development, and operations roles. Her previous experience includes positions at BMC and HP, where she was responsible for driving IT management software products from conception through the product life cycle, all with the purpose of enabling technology professionals to solve their most pressing issues.
Education
Amy holds a master's degree in telecommunications and a bachelor's degree in electrical and computer engineering from the University of Colorado.
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.