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

Donna Gambrell was director of the U.S. Department of the Treasury's CDFI Fund from 2007 to 2013. She is currently president and CEO of Appalachian Community Capital, an intermediary and certified CDFI.

Annie Donovan was director of the U.S. Department of the Treasury's CDFI Fund from 2014 to 2018. She is currently president and CEO of Raza Development Fund, a certified CDFI. Twitter: @ADonovanRDF.

Cody Dong leads MSCI's ESG and climate research for the insurance sector. He also sits on the committee that oversees MSCI ESG Ratings' methodology, quality and model integrity. Prior to joining MSCI, Cody was a strategy and business-development analyst at Alcoa. He also has experience as a sell-side analyst covering Chinese insurance and banking equities. Cody holds a bachelor's degree in business management from Ohio State University and a master's in finance from University of Cincinnati. He is a CFA® Charterholder and holds the designation of Financial Risk Manager (FRM).

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.