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.
Bob Allison is the founder and CEO of PEAR Health Labs.
John McGowan is the founder and CEO of HubSync, a SaaS company with a next-generation tax and accounting automation platform created with the goal of changing how professionals work and how clients interact with CPA firms. He has over 25 years of experience driving technology innovation and investment at Deloitte and KPMG, where he served as a partner-in-charge of tax technology and global chief information officer, respectively. He holds a BSBA and a Master of Accounting from the University of North Carolina at Chapel Hill.
Shann M. Chaudhry, Esq. is the principal attorney and managing member at Shann M. Chaudhry, Attorney at Law, PLLC, based out of San Antonio, Texas.
He helps his clients solve complex matters related to real estate, elder law, estate planning and asset protection. Chaudhry's experience and knowledge have made him a nationally featured media source for Forbes, CNBC and U.S. News & World Report, among others.
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.