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

Ravi Govindaraju is head of Connected Banking at Chase.

Craig Kurtzweil is the chief data and analytics officer at UnitedHealthcare Employer & Individual. In this role, he is responsible for leveraging healthcare's largest data set to help enable informed health care decisions, ensuring consistency across internal and external reporting, exploring new ways to apply data through machine learning and artificial intelligence, and making data a competitive differentiator for UnitedHealthcare in the marketplace. He is known for his leadership in delivering compelling insight based on data and analytics in a narrative that supports the vision of helping people live healthier lives and making the health care system work better for everyone.

Craig joined the organization in 2005 to begin building a team of strategic customer analytics specialists. Since then, he has been focusing on enhancing the role that analytics plays in the ability to support National Accounts customers. Craig formed the Center for Advanced Analytics to focus on analytic innovations that change the way we evaluate health care value. His teams also focus on the largest and most complex clients that require a deeper and broader view of data, ranging from cost and utilization data to productivity and disability exposure. He is constantly working on the next generation of health care analytics.  

Prior to joining UnitedHealthcare, Craig served as an actuarial consultant at Deloitte. Craig graduated University of Minnesota with a Bachelor of Science in actuarial science. He lives in Minnesota with his wife, son and daughter.

Patty Starr is president and CEO of Health Action Council and is responsible for driving the strategic direction of the organization--build stronger, healthier communities where business can thrive. Since joining the Health Action Council staff in 2013, she has transformed the organization yielding broad national expansion and seven consecutive years of growth. 

Patty is a member of the Advisory Board at the Heritage College of Osteopathic Medicine and the Board of Directors for Health Policy Institute of Ohio (HPIO). She has also served on the Board of Directors for the Better Health Partnership, Ohio Patient-Centered Primary Care Collaborative and Health Action Council before becoming executive director in 2013.  In 2022, she was named a Woman of Influence by Cleveland Business Journal, and in 2018, she was named among Notable Women in Healthcare by Crain's Cleveland Business. 

Prior to Health Action Council, she was the senior director of health insurance and benefits at the Council of Smaller Enterprises (COSE) and president and founder of The Ark Individual Insurance Brokerage.

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.