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.
Daniel S. Alter is a shareholder in the New York office of Murphy McGonigle P.C. specializing in fintech regulatory matters and was the former general counsel of the New York State Department of Financial Services.
Strong will oversee sales of the company’s digital marketing services
Nate Fleming works as an analyst at Forrester Research on the CIO team, covering software and services that enable the product development organization. He writes research for business-minded CIOs, CTOs, VPs of product development, and VPs of engineering who are seeking software and services support in an era of democratized product development that requires modern product development methodologies, cross-functional collaboration, as well as data-driven processes and product design. Nate has done extensive research, inquiry, and advisory covering the dynamics of the product lifecycle management (PLM) software market and the software product development services market, rounding out a coverage area that seeks to enable stakeholders bringing both physical and digital products to market.
Nate’s recent research at Forrester focuses on the democratization of the PLM software space, including a TechRadar™ that covers the range of technology functionalities that comprise the PLM software suite today and over the next five years. His software product development services coverage includes a Forrester Wave™ evaluation that outlines how services partners are helping customers implement customer-facing digital platforms that put software at the center of their brand. These two spaces coalesce in Nate’s research on the convergence of physical and digital product development and what that means for organizations looking to create or integrate with internet-of-things (IoT)-enabled products.
Previous Work Experience
Prior to becoming an analyst, Nate was a researcher and senior research associate on the application development and delivery (AD&D) and CIO teams.
Education
Nate holds a B.A. in history from Ithaca College.
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.