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.
Lowell M. Smith Jr. is chief compliance officer and co-founder of IRALOGIX.
His previous experience includes working for the ERISA enforcement agency in the U.S. Department of Labor. He created a TPA compliance practice and consulted on products, procedures and technology for clients of Universal Pensions, now Ascensus. He is a published author and a frequent speaker at industry conferences.
Paul Tyler is Head of Enterprise Marketing and Marketing Innovation at Zinnia, previously serving as CMO at Nassau Financial Group where he led branding strategy, digital initiatives, and built direct-to-consumer channels for insurance products. With deep expertise in financial services marketing and digital transformation, Paul brings a practical perspective on how advisory firms can leverage technology to enhance client engagement while maintaining the human connection that's essential in financial services.
Gordon Gray is the executive director of the Pinpoint Policy Institute. Prior to launching Pinpoint, Gordon served as the vice president for economic policy at the American Action Forum, where his portfolio included the federal budget, taxes, the macroeconomic outlook and general economic policy matters.
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.