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

Michael Nadel is the Global Head of Insurance at Simon-Kucher, where he is focused on helping carriers, Insurtechs, and insurance service providers with monetization, pricing, product, packaging, and sales strategies. Michael has more than a decade of experience in insurance and financial services. His work includes optimizing pricing, value management, and operations for better performance, and leveraging game mechanics, AI and data analytics to future-proof distribution and carrier-agent models. Michael has an MBA from Northwestern University's Kellogg School of Management, an MSc in Information Systems and a BSc in Finance from Indiana University's Kelley School of Business.

Giles Pearson

Giles Pearson, FCA, is the co-founder of Accountests Ltd, whose aim is to help avoid bad hires in accounting firms by using pre-employment skills and personality tests specifically designed for accountants.  Prior to starting Accountests, he was a tax and private client partner of PwC in New Zealand for 18 years.

Andrea Riquier is a New York-based journalist who covers housing and finance.

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.