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
Ingo Weinem

Ingo Weinem leads EPAM's European insurance vertical, partnering with top clients to enhance and expand their businesses.

With more than 35 years of experience in the financial services sector and the insurance industry, Mr. Weinem's expertise spans software engineering, financial planning, omnichannel digitalization and transformation strategies, innovation and organizational change management.

Throughout his professional career, he has held various management positions in the banking, financial markets and insurance industry for software solution providers, including Luxoft, Pactera, Capgemini, Cognizant and IBM.

Stephen Holdstock is the Chief Technology Officer of EMEA Insurance at EPAM Systems, where he leads the technological direction for EPAM's insurance clients across the region, helping them achieve strategic value through the integration of business, technology and data.

With more than 20 years of industry experience, Mr. Holdstock brings deep expertise in IT leadership, change management and large-scale transformation programs. His career spans roles in large-scale engineering at Motorola, tier-one consulting at Accenture and strategic leadership at global property and casualty (P&C) carriers, including a significant tenure as CTO at Lloyd's of London.

At EPAM, Mr. Holdstock is focused on building out the insurance practice, continuing to drive transformative outcomes for clients across the insurance industry.

Paige is a vice president, benefits consultant based in Los Angeles, California. She consults on best practices for health and welfare and plan design that help employers control costs and mitigate risk while enhancing employee engagement.

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.