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.
Murat Kilicoglu joined Cota Capital as a Principal in 2022 focusing on the evaluation and monitoring of private investments as well as designing and implementing value creation strategies across the broad Cota portfolio. Prior to Cota, Murat was a Vice President in the Investment Banking Division of Evercore focusing on mergers and acquisitions within the technology sector. Prior to Evercore, Murat was a Vice President at Credit Suisse in the Investment Banking Division focusing his time on strategic advisory and financing assignments for software and FinTech companies. Previously, Murat was an Investment Associate at TRPE Capital focusing on private equity and venture capital investments across the technology sector. Murat began his career at Roland Berger, where he worked as a strategy consultant to technology firms and private equity portfolio companies in the areas of corporate strategy, growth strategy, go-to-market strategy, commercial due diligence, and corporate restructuring. Murat received a B.S. in Electrical and Electronics Engineering from Bogazici University in Istanbul and an M.B.A. from The Wharton School at the University of Pennsylvania.
Chris Denver is a director at Stout. He has over 20 years of experience assisting domestic and international publicly traded and privately held companies with complex accounting and financial reporting issues, such as debt and equity issuances, share-based payment arrangements, purchase accounting, revenue recognition, earnings per share, and the adoption of new accounting standards.
Dillon Clair is the director of state advocacy and litigation at the ERISA Industry Committee.
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.