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.
Dave Reubzaet is director of global advisory and tax lead at the Global Reporting Initiative and leads the global engagement on tax, including the GRI 207 tax-reporting standard. In this role, he advises and engages with organizations around the globe to advance sustainability in policies, business strategies and reporting and emphasize its importance for sustainable development. He has more than 20 years of international experience in advising corporates and financial institutions on sustainability, from sustainable business strategy to risk management and sustainability reporting. His specialization is in sustainable tax, covering topics like responsible tax investing, good tax governance and tax transparency.
Melissa Bartlett is senior vice president of health policy, The ERISA Industry Committee (ERIC), leading the development of ERIC's health policy and advocacy for its legislative and regulatory priorities at the federal, state and local levels.
Carin Giuliante is the chair and chief executive officer of Deloitte Tax LLP.
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.