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.
Jim Kane is director at Information Services Group, a leading global technology research and advisory firm.
Jung Ryu is the national accounts practice leader for The Standard and is responsible for developing comprehensive disability management solutions for his clients.
Ellen McCann is assistant vice president & special counsel at Unum. She holds a BA from the College of the Holy Cross and her JD from the University of Notre Dame Law School. She provides legal support to Unum’s leave management department for FMLA, ADA and paid leaves and is a frequent national speaker on these topics. In addition, she advises Unum’s HR department on all employment-related legal issues, with particular emphasis on FMLA, ADA, military leaves, wage/hour compliance and restrictive covenants.
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.