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.
Eric Spacek has more than 15 years of insurance risk control experience and joined Church Mutual in January 2020 as Risk Control program manager. He was promoted to his current role in January 2022.
Spacek earned a bachelor's degree in English from Eastern University in St. David's, Pennsylvania, and his juris doctor degree from American University in Washington, D.C.
Spacek earned the Associate in Risk Management (ARM) designation. He has also received the Cambridge Certificate in Risk Management for Churches and Schools.
Brett E. Heineman is FSA general manager of health products at Gradient AI.
Heineman is a health actuary with broad experience in the health insurance industry, ranging from provider contracting analysis for carriers to actuarial valuation and actuarial transformation for consulting firms. His professional interests include organizational and personal productivity, actuarial process automation, practical applications of predictive modeling and actuarial modernization/actuarial transformation.
Leo Bernstein is the founder and CEO of LineSlip, a solution that transforms commercial insurance documents into actionable insurance intelligence for risk managers. LineSlip is currently used by industry leaders in diverse sectors including private equity, real estate, healthcare, hospitality, retail and more. A two-time entrepreneur, Leo has many years of experience in finance and real estate, which inspired him to found LineSlip.
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.