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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

Josh Benn is the global leader of the consumer corporate finance practice and head of the New York Mergers & Acquisition practice at Duff & Phelps.

Karyn Twaronite of EY

Karyn Twaronite is EY global diversity and inclusiveness officer. She is responsible for maximizing the diversity of EY professionals across the globe by enhancing EY’s inclusive culture. She is a member of the US Executive Committee and sits on the Global Practice Group, the Americas Operating Executive Sub-Committee, and the Global and Americas Talent Executives. She also chairs the Inclusiveness Advisory Council.

Marna Ricker of EY

Marna Ricker is EY Americas vice chair – tax services. She is responsible for driving growth, managing resources, developing people and providing client service across North, Central and South America and Israel.

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.