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.
Craig Weaver is managing partner of tax services and develops the strategic growth and direction of the tax practice of Baker Tilly. Since joining the firm in 2003, he has been instrumental in the growth and development of the tax practice. In addition to his leadership position at the firm, he has over 30 years of experience in taxation and accounting.
Michele Donohue is a principal with Baker Tilly's tax practice. She brings over 20 years of experience in corporate tax, technology and process. She is responsible for transforming Baker Tilly's tax practice and embedding innovation at its core. She serves on the firm's tax leadership team, which drives strategy and operations for the tax practice.
Alaina Bird, an associate in Glaser Weil's litigation practice group, focuses her practice on commercial litigation, with an emphasis on securities litigation and class actions.
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.