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.
Patrick Walsh, CPA, MBA, is the managing partner and CEO of Withum, an advisory, tax and accounting firm with 2,200 team members across the U.S. and internationally. He served on the firm's management committee for six years, leading up to his role as managing partner. Walsh led the firm's national tax practice strategy for five years and oversaw the corporate tax services practice. He is also the executive sponsor for Withum's expansion overseas in opening and growing its India office. Walsh is actively involved in the firm's alliance with HLB International and is committed to leading an inclusive and diverse place of work as seen in his CEO Statement on Inclusion and Diversity.
Tim Stein is Senior Vice President of Human Capital at American Addiction Centers (AAC). His wealth of experience in training and development has greatly benefitted the entire company by fostering an engaged workforce dedicated to transforming the lives of those with addiction, a cause close to Stein as he is in recovery himself. As Senior Vice President of Human Capital, leadership, strategic vision and organizational change remain Stein's focus, as does the company's most important asset — the employees.
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.