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.
Jimmie Lenz is the director of the Master of Engineering programs Fintech and Cybersecurity at Duke University's Pratt School of Engineering.
Chloe Fischetti is an associate with the law firm BakerHostetler whose practice concentrates on complex white collar and securities litigation matters. Her experience includes litigation matters involved in BakerHostetler's role as counsel to Trustee Irving H. Picard for the SIPA liquidation of Bernard L. Madoff Investment Securities LLC and the internal corporate investigation of a Fortune 50 company.
John Carney is a partner with the law firm BakerHostetler and a former securities fraud chief and assistant United States attorney with the Department of Justice, Securities and Exchange Commission senior counsel and CPA at a Big Four accounting firm. He now serves as BakerHostetler's White Collar, Investigations and Securities Enforcement and Litigation team co-leader.
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.