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.”

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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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

Mona Shah, JD, MPH, is the senior director of policy and strategy at Community Catalyst, a national organization dedicated to building the power of people to create a health system rooted in race equity and health justice, and a society where health is a right for all.

Jeff Saye

Jeff Saye is Global Practice Leader of Insurance Claims at Genpact.

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Alanna Abreu is a principal at UHY. She has years of audit and advisory experience with a concentration in federal acquisition regulation and employee benefit plan audits. She specializes in multiple industries, including professional services, manufacturing, construction, and not-for-profit. She has extensive experience completing assessments for client internal controls, accounting systems, efficiency reviews and more. Her software experience includes Oracle NetSuite, Oracle, QuickBooks Desktop (Pro, Premier, Enterprise), QuickBooks Online (Plus, Advance for Contractors), Deltek Visions, Sage and PeopleSoft. She is a Certified Design Accountant and Oracle NetSuite Certified Financial User. She also holds Cybersecurity Advisory Services Certification and Cybersecurity Practical Application Certification.

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.