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.
Tom Brown is a partner and general counsel at Nyca Partners, and a special advisor at Paul Hastings, LLP.
Phil Calvin is chief product officer at Delinea and brings more than 25 years of software development, technical leadership and entrepreneurial experience to Delinea. His areas of expertise include technical strategy, cloud architecture, and engineering executive management. Prior to Delinea, Calvin spent nearly a decade at Salesforce in a variety of architectural and engineering leadership roles, most recently leading the platform engineering organization and focusing on making the Salesforce platform trusted, accessible and scalable. His earlier career included several startups and engineering roles, including serving as principal architect at Citrix after an acquisition of another one of his companies.
Patrice Meagher is the Founder and CEO of MilkMate, an all-in-one multi-user pumping system purpose-built for the workplace wellness room.
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.