IRS denies deductions for forgiven paycheck protection loans

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.

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.”

IRS-Building-light
The IRS headquarters building in Washington, D.C.
Andrew Harrer/Bloomberg

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.

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Adam Schrom of Bloomberg Tax & Accounting

Adam Schrom is director of product management at Bloomberg Tax & Accounting.

Robert Sheen is the founder and CEO of Trusaic.

Karen Buck is executive vice president and chief administrative officer of EagleBank. Her most recent roles include executive vice president — director of operations/contact center at Flagstar Bank in Michigan and executive vice president — commercial, retail/payment operations at TD Bank. Ms. Buck earned a Bachelor of Science with a concentration in finance and Spanish from La Salle University in Philadelphia. She has been recognized by South Jersey Biz Magazine as one of the 25 Women to Watch, NJBIZ Journal as one of the Best 50 Women in Business, the American Banker Most Powerful Women Team Award and Crain's Detroit 100 Most Influential Women.

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.