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.
Jordan Birnbaum has been with ADP since 2015, as vice president and chief behavioral economist. He directs the application of behavioral economics principles into new product development in the human capital management market. Prior to joining ADP, he was the owner/operator of The Vanguard in Los Angeles, a hybrid media production and live music venue, employing more than 150 people for close to a decade. He was a founding employee and senior vice president of business development of Juno Online Services, playing a key role in a successful IPO and then beating analysts’ estimates for six consecutive quarters. Jordan graduated from Cornell University with a BS, Policy Analysis, and from NYU with an MA in Industrial / Organizational Psychology.
Deb is highly respected throughout the insurance industry for strategic thinking, thought provoking research, and advisory skills. Insurers and solution providers turn to Deb for insight and guidance on business and IT linkage, IT strategy, architecture, and eBusiness. Those seeking an edge in today's highly competitive world turn to Deb to capitalize on her deep industry knowledge and experience and her specialized understanding of distribution and underwriting automation.Deb has held leadership roles in premier insurance companies, professional services firms, and research advisory organizations, where she consistently demonstrated the ability to find new ways to leverage technology to achieve optimal business outcomes. Her skill set includes linking business strategy to IT strategy; development of business and IT road maps; selection, shaping, and delivery of enterprise/core solutions; and implementation of right-sized governance models.Prior to founding SMA, Deb served as Chief Transformation Officer for Insurance Company of the West (CIO) where she was recruited to deliver as much IT functionality to the business operations as possible in the least amount of time. Deb led company-wide change that included developing and integrating the corporate business strategies into 5 Strategic Initiatives. Before joining ICW, Deb launched and served as Managing Director of TowerGroup's Insurance Research & Consulting Practice. As a Partner at KPMG LLP, she launched an IT consulting practice specializing in the assessment and management of IT risks. She began her career at Liberty Mutual, where she directed a variety of large-scale system development projects and rose to leadership of the commercial lines application development group.Deb's expert opinion and counsel is in demand by press, clients, and major industry events. She is a frequent contributor to leading insurance trade journals and has been a keynote speaker at major conferences such as ACORD/LOMA Forum, NAMIC, ISOTECH, and IASA. Deb is a graduate of the University of New Hampshire with a B.S. in Business Administration.
Derek Rine is the benefits practice leader at David Rine Insurance.
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.
