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
Alex Smith imanage

Alex is the Global Product Management Lead for iManage RAVN. He has over 20 years of experience in product management and service design, including new and emerging technologies such as artificial intelligence, semantic search and linked data, as well as content management. Prior to iManage, Alex has held positions at Reed Smith LLP and LexisNexis UK.

Dan Gremmell

Daniel Gremmell is the chief data officer at Zinnia, where he oversees the implementation of data science to optimize the insurance experience at every touchpoint. Daniel led the data team at Policygenius for more than three years and previously served as vice president of data science at Plated, and head of data science at John Wiley and Sons before that. Daniel began his career in operational analytics at companies across the consumer goods, aerospace, healthcare and automotive industries, including Crane Aerospace and Volkswagen. He holds a master's degree in statistics from Rochester Institute of Technology, a master's degree in manufacturing engineering from Kettering University, and a bachelor's degree in operations management from Rutgers.

William Sweetnam is the Legislative And Technical Director at ECFC, a non-profit organization dedicated to maintaining and expanding employee benefit programs on a tax-advantaged basis.

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.