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.
Nick is a startup veteran and Internet technology expert with over 25 years of application development, testing, and cybersecurity experience. He is recognized as an industry expert in the realms of API development, API management, and API security. In the world of APIs, Nick has helped architect and implement some of the largest API Management and monolith to microservice digital transformation projects in North America. Nick has had the honor of speaking at prestigious conferences including Blackhat, RSA, AWS re:inforce, SecureWorld, APIWorld, and his expert opinions are regularly featured in prominent publications such as Darkreading, Infosecurity Magazine, Computer Weekly, SC Magazine, Security Boulevard, Security Week, and many others.
As Field CTO and Product Strategist at Salt Security, Nick helps guide and positively influence how organizations can foster API-driven success, while protecting themselves from today's emerging API security threats. Prior to joining Salt, Nick was an early contributor to the success of Kong, the world's most widely used API management platform.
Monica McCoy is the founder and CEO of Monica Motivates.
Justin Underwood is the founder and managing principal of Flat98 Strategies & Communications LLC. Underwood previously served as the Executive Director and CEO of the American Bankers Association Securities Association (ABASA). In 2022, Underwood was named an honoree for the Washington Business Journal's 40 Under 40 Business Leaders in DC. He earned a master's degree in government and an MBA from the Johns Hopkins Carey Business School.
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.