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.
Wilfried Lemahieu is a full professor at the Faculty of Economics and Business (FEB) of KU Leuven, Belgium.
Liz Johnson, MS, FAAN, FCHIME, FHIMSS, CHCIO, RN-BC, is CIO, Acute Hospitals and Applied Clinical Informatics, at Tenet Healthcare. She is the chair of the College of Healthcare Information Management Executives (CHIME) Public Policy Steering Committee and chair of the CHIME Foundation.
Dave McGuire is an expert on cost segregation, fixed assets and depreciation law, and co-founder of Indianapolis-based McGuire Sponsel. He has reviewed real estate portfolios ranging in size from six-figure acquisition costs to billions of dollars in value and has provided cost segregation services for companies in a wide variety of industries. McGuire’s expertise in depreciation extends beyond the engineering portion of a study. He is often called on to consult in other areas including bonus depreciation and the effects of depreciation on complex transactions. He shares his expertise in techniques and practices through speaking engagements and workshops for industry groups and accounting firms. McGuire earned a degree in civil engineering from the University of Notre Dame with a concentration in structural design.
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.