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.
Tobi Carter is a Checkpoint Editor/Author with the Thomson Reuters Tax & Accounting Business. In this position, she serves as in-house SEC expert. Prior to joining Thomson Reuters, Ms. Carter was an associate in the Corporate and Securities Law Practice Group at Certilman Balin Adler & Hyman, LLP for nearly five years. Before practicing at Certilman Balin, Ms. Carter was an attorney for two years in the Securities Litigation Group at Greenberg Traurig, L.L.P. Prior to that, she was Associate Counsel for two years at Oppenheimer & Co. Inc. Ms. Carter earned her Juris Doctor from New York University School of Law in 2001, where she served as Senior Staff Editor of the Environmental Law Journal. In 1998, she graduated from the University of California at Berkeley with a B.A., cum laude, in Legal Studies. Admitted to practice in the State of New York, Ms. Carter is a member of the American Bar Association, as well as its Business Law Section.
John R. Beaty is general manager of excise at Avalara Inc., where he oversees the tax technology company's automated excise tax products.
Lorraine Chapman is senior director of healthcare for Macadamian.
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.