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.”

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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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Brooke Wilson is the Head of Resources for Living, a division of CVS Health's Mental Well-being, a leading provider of mental health and employee assistance program (EAP) solutions to members around the globe. In her current role, Brooke oversees Resources for Living's strategic direction and product fidelity while also developing solutions to engage and improve the mental well-being of members, caregivers, employers and communities.  

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John Mark Respeto is manager of the technical accounting group at Scrubbed, an accounting outsourcing firm. He has eight years of in-depth accounting and auditing experience and extensive knowledge of IFRS and U.S. GAAP. He assists companies in ensuring compliance with standards (particularly in adopting new standards), preparing and reviewing financial statements, internal controls assessment for SOX/PCAOB reporting, and technical accounting consultation, and facilitates technical accounting training. Additionally, he serves as Scrubbed's ESG advisor.

Jeff Sharer is LineSlip Solution's vice president of customer and product experience. He has more than 20 years of insurance experience as an underwriter, broker and risk manager. As the industry has digitized, Jeff has focused his work on transforming risk information management to make better risk decisions.

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.