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

Troy Vosseller is the Co-Founder of gener8tor–a Midwest-based venture capital firm and startup accelerator network. Since 2012, gener8tor has worked with more than 1,000 startups that have cumulatively raised more than $1.4B in follow-on venture capital. Troy came to gener8tor from the University of Wisconsin Law School's Law & Entrepreneurship Clinic, a program providing free legal services to startup businesses and entrepreneurs, where he worked as an Assistant Clinical Professor/Supervising Attorney. As an undergraduate at the University of Wisconsin-Madison, Troy founded the most cliché student startup imaginable–a t-shirt company. It was a success, and today Sconnie Nation continues to market a line of apparel that focuses on celebrating the Wisconsin lifestyle.
Before discovering his love of startups, Troy held brief stints at Qualcomm and Intuit. He holds a BA, MBA and JD from the University of Wisconsin-Madison.

Alex Fuentes has 20 years of experience in start-up and rapid-change environments and is currently Brickeye's Executive Vice President of Strategic Growth and Business Development.

He provides a deep understanding of infrastructure development and cleantech to Brickeye, having served in senior roles within the energy storage and renewable energy sectors. Alex holds an MBA from the University of Toronto's Rotman School of Management and a Bachelor's degree in mechanical engineering from the University of Waterloo.

Lena is a startup veteran with demonstrated expertise in propelling business growth for growth-stage fintech companies. In her role as Chief Revenue Officer at leading life insurance technology company Bestow, Lena Chukhno oversees B2B partnership growth for advisor, embedded and enterprise partners. Companies of every size — from startups to public companies — leverage Bestow's software to launch and sell digital life insurance and improve efficiency and profitability by managing the business online.

Prior to joining Bestow, Lena had a combined role as the General Manager of Student Loan Refinancing and Head of Strategy at Earnest, a mission-driven fintech in San Francisco. Under her leadership, Earnest grew to become the market leader in the education financing space.

Previously, she led business development and growth strategy for the Multi-Asset Solutions division at JPMorgan and spent time at McKinsey & Company in management consulting.

A native of Ukraine, Lena earned bachelor's and master's degrees in finance from Kyiv National Economic University, and an MBA from INSEAD.

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.