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.
Ian Boccaccio is a principal and income tax practice leader at Ryan, responsible for leading a global service team of highly skilled professionals coupled with cutting-edge technologies to make substantive impact to corporate profitability. He has over 25 years of extensive experience in serving a range of international tax needs for some of the most complex global companies, focused on optimizing the impact of U.S. tax legislation.
Richard Bernstein, MBA, is a former IRS R&D engineer who counseled IRS engineering managers for over 17 years on how to think about high-risk R&D tax credits dealing with software. Having retired in 2004, he now is helping businesses compile and archive their substantiation in preparation for submitting their Form 6765, business component and Part G data. Reach him at richb201@gmail.com.
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.