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.
Ken Toffolo is a Vice President of Research and Consulting at Novarica. He is an expert in insurance technology transformation with more than three decades of experience. His recent experience includes serving as Vice President of Application Development at New York Life. During his tenure at New York Life, he led both domestic and international programs in life/annuity core systems, business technology strategy and architecture, and distribution systems. His other experience includes roles at IBM, DXC, and CSC. Ken began his career at Home Life Insurance Company. He holds an MBA from NYU Stern School of Business and a BS in Computer Science magna cum laude from Saint John’s University, as well as various industry certifications including Chartered Life Underwriter and Chartered Financial Consultant. He can be reached directly at ktoffolo@novarica.com.
Robert Townsend is vice president of account management for Corporate Synergies. He draws upon two decades of underwriting experience to guide employers in the design of benefit programs that emphasize cost control and higher value for the organization and the plan participant.
Alexander Buchanan is counsel at Waller Lansden Dortch & Davis LLP.
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.