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

Doug Sabella is the CEO and co-founder of Payroll Integrations. Sabella co-founded Payroll Integrations in 2016 to simplify payroll and benefit processes for employers and advance employees' financial wellness. The company's technology introduces a direct, two-way connection between payroll systems and benefits providers (401k, HSA/FSA, etc.) to automate the process of onboarding employees, updating benefit plans and managing employer/employee contributions.

Larry Nisenson

Larry Nisenson is the Chief Growth Officer for Assured Allies, leading the new business initiatives for the company. Assured Allies features solutions including NeverStop, an innovative Wellness Rewards Program that's built right into your insurance policy. 

For more than 25 years he has held leadership roles in the insurance and financial services industry, including Chief Commercial Officer for Genworth's U.S. Life Insurance business, covering long term care, life and annuity products. The role also included oversight for CareScout's Caregiver Support Services' commercial offerings. Prior to that role, Larry held senior leadership roles Plymouth Rock Assurance Company, AXA Equitable, American General Life Companies and Allstate. Larry started his career in financial services in 1995 as a financial advisor in New York City. 

Larry received his BA from Rutgers University and attended the Global Executive Leadership Program at the Tuck School of Business at Dartmouth from 2018-2019. He also serves on the Board of Directors for the Rutgers School of Design Thinking as well as the Alumni Board for Sigma Phi Epsilon and is a public advocate and speaker on the caregiving dilemma that impacts millions of people.

Derek Miser of Miser Wealth Partners

Derek Miser is chief managing member at Miser Wealth Partners.

He is a licensed national Social Security advisor and a life and health insurance advisor. He is well-known in the financial services industry and has been featured in several publications, including Time, Forbes and USA Today. 

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.