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.”

IRS-Building-light
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
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Nick Tye is the founder and CEO of Carbon Underwriting. His leadership approach fosters a culture of collaboration and innovation, developing an environment where creativity thrives. Laser focused on merging technology and expertise to drive results, Nick's role at Carbon is the culmination of over two decades in insurance, marked by leveraging his actuarial background and commercial acumen to enhance every facet of the underwriting process. Nick's reputation as a market leader stems from his ability to manage the underwriting of highly profitable international portfolios, even in challenging territories. His holistic understanding of the industry's distribution chain ensures consistently above-average profitability. Beyond technical prowess, Nick's journey from actuarial science to CEO exemplifies the evolution of underwriting in our industry. His visionary leadership, coupled with a relentless pursuit of innovation, positions him as a transformative force in shaping the industry's future.

 

Sharon Cornelissen chairs the Coalition for Federal Home Loan Bank Reform. She is also director of housing at the Consumer Federation of America.

Headshot of Marcin Nowak, founder of Decerto.

Marcin Nowak is the founder of Decerto, a company specializing in providing software solutions for automating the work of insurance agents. A graduate of computer engineering and postgraduate MBA studies. Creator of the Higson software – a business rules engine. He has been associated with the insurance industry for over 20 years, specializing in automation, the impact of technology on the insurance sector, underwriting, and management. A proponent of the smart insurance technology concept.

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.