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.
Noah Gold is the general counsel and head of public policy of Prism Data, a cash flow underwriting infrastructure and analytics platform. Prior to joining Prism, he was the general counsel of Petal, a fintech credit card company. Before that, he was the assistant general counsel of a leading e-commerce software platform, and prior to that Noah previously practiced law at Paul, Weiss, Rifkind, Wharton & Garrison LLP.
Jason Rosen is founder and CEO of Prism Data, a cash flow underwriting infrastructure and analytics platform. Prior to founding Prism, Jason was co-founder and CEO of Petal, a fintech credit card company. Jason served on the Consumer Advisory Board of the Consumer Financial Protection Bureau, sat on the Small Business Regulatory Enforcement Fairness Act panel for the Open Banking rulemaking, and is a member of the OCC's Project REACh. Jason previously practiced law at Sullivan & Cromwell and Gunderson Dettmer, where he represented financial institutions, technology companies and venture capitalists. Jason holds a JD from Harvard Law School.
Dev Nag is the founder and CEO of QueryPal. He was previously on the founding team at GLMX, one of the largest electronic securities trading platforms in the money markets. He was also CTO and founder at Wavefront (acquired by VMware) and a senior engineer at Google, where he helped develop the back end for all financial processing of Google ad revenue. He previously served as the manager of business operations strategy at PayPal. He also launched eBay's private-label credit line in association with GE Financial. Dev received a dual-degree B.S. in mathematics and B.A. in psychology from Stanford.
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.