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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Ben Kosic leads Capco's Insurance Practice and Data Practice and is a subject matter expert in the areas of Insurance, Financial Crime, and Data & Analytics. He has experience working with Canada's largest insurance companies in developing and implementing a national consortium strategy to fight insurance fraud. Ben is adept at operating in complex multi-stakeholder environments, delivering 100+ successful consulting projects to 50+ clients. With 20+ years of data analytics experience, client acquisition, sales responsibilities, and client project delivery, he has a proven track record of driving sustainable and profitable growth.

Ozan Unlu is the CEO and Founder of Edge Delta, an edge observability platform. Previously he served as a Senior Solutions Architect at Sumo Logic; a Software Development Lead and Program Manager at Microsoft; and a Data Engineer at Boeing. Ozan holds a BS in nanotechnology from the University of Washington. 

Chris Cooksey is the senior director of advanced analytics at Guidewire Software, the leading provider of P&C Insurance core operating systems. He previously served as Chief Actuary at EagleEye Analytics and spent more than a dozen years at Nationwide Insurance as a research director and pricing analyst.

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.