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.
Jim Besaw is principal and chief investment officer for GenTrust, responsible for oversight, selection and management of all investment-related activity across the firm's strategies and portfolios, as well as the development of all new investment strategies at GenTrust. He co-founded GenTrust in 2011.
James Gelfand is president of the ERISA Industry Committee (ERIC), a nonprofit, Washington, D.C.-based organization that represents the largest employers in the U.S.
Jason Rauhe, CPA, leads McGuire Sponsel's global business services practice and is responsible for guiding clients and adding depth in all areas of the firm's international tax consulting services. Rauhe's extensive client and industry expertise has led him to be a sought-after published technical contributor and speaker across international tax topics around the country. Rauhe previously served as director of international tax at a Top 100 CPA Firm, where he was responsible for the firm's international tax division and served as the firm's international tax lead for major industry alliance networks. He also worked previously as vice president of global taxes at a large automotive supplier, where he managed the global tax function for the company's $7 billion business.
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.