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.
Brian Martin is a director of technology and cognitive architecture lead in Publicis.Sapient’s AI and data practice. A resident of the Chicago area, he specializes in system and solution architecture to support emerging technologies like AI, blockchain, IoT and quantum computing. Brian works across brands within the Publicis Groupe and provides expertise to clients in a broad portfolio of sectors, including entertainment, CPG, financial, regulatory and healthcare/pharma.
Rashed Haq is the global head of AI, robotics and data and group vice president at Publicis.Sapient. Over the past 20 years, Rashed has helped companies transform and create sustained competitive advantage, through innovative applications of artificial intelligence, dynamic optimization, advanced analytics and data engineering. Prior to joining Sapient, Rashed worked in Silicon Valley startups and has done research in theoretical physics at the Los Alamos National Lab and the Institute for Theoretical Science. His research included gravitation and black holes, astrophysics, quantum computing and quantum cloaking.
Charles Kolstad is a partner in the Los Angeles office of the international law firm Withersworldwide. He assists clients in tax and corporate planning relating to the acquisition, disposition and restructuring of businesses, corporations and partnerships both domestically and internationally. He frequently advises foreign individuals moving to the U.S. on pre-immigration, income, gift and estate tax planning opportunities. He also focuses his practice on the cannabis industry/cannabusiness, crypto assets and block chain technology, and tax issues related to initial coin offerings.
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.