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.

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Schiff-Jonathan-Fairleigh Dickinson

Jonathan Schiff, Ph.D, is a professor of accounting at Fairleigh Dickinson University in Teaneck, N.J. He is the author of over 70 articles and research studies on accounting, controls, performance management, CFO practice development, and financial and cost management. He also served as visiting professor of accounting at Columbia University's School of Business and taught in their MBA and executive MBA programs, and was the founder, in 1995, of the Finance Development & Training Institute (www.fdti.org) a 10-member company alliance, chaired by Dell Technologies. He also established several other best practices sharing alliances including the Activity-Based Costing Implementation Group, the Europe-Finance Leadership Institute, the Transit-Finance Learning Exchange and the China Finance Institute. He has served as chairman of a Nasdaq-listed company audit committee and is frequently quoted in the national business media, including Business Week, The Washington Post, USA Today and The New York Times. Schiff received his Ph.D. from New York University. Before completing his master's degree in accounting at NYU, he worked as a staff auditor with Price Waterhouse.

Lars Boeing is a Vice President in Capgemini Invent's Insurance Practice and leads Capgemini's global Future of Claims offering. He has been working for 20+ years in consulting and industry roles, primarily focused on strategy development, customer experience design, efficiency improvement, and business model (re)design.  

Sabrina Lee is an editorial intern at American Banker and a Dow Jones Business Reporting Fellow. She is a rising senior at New York University where she has worked as a campus writing tutor and a writer at NYU's student-run newspaper.

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.