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.
Hubert Klein is a partner and practice leader for the financial advisory services group in Eisner Advisory Group's New Jersey location. With nearly 40 years of experience, he is frequently called upon as a technical resource in various litigation actions. He has consulted and provided services in matters including complex damages, business valuations, due diligence analysis, fraud and forensic investigations, lost profit calculations, shareholder disputes, reasonable compensation and benefits analysis, insurance claims analysis, bankruptcy and matrimonial proceedings.
Daniele D'Alvia is deputy director of the Institute of Banking and Finance Law at the Centre for Commercial Law Studies at Queen Mary University of London. He is also an associate researcher at the European Banking Institute.
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.