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.
Steven Schwartz is VP of Insurance Strategy and Underwriting at Safe Security. Previously, he was CRO at Periculus, and prior, was VP Strategy and Insurance Practice at Cytegic. Steven serves on the Advisory Board at PACE University's Seidenberg School for Computer Science and Information Security, and is a co-founder of both The Data Union and Personal Data Week, introducing the topic of "personal data" and its implications for society, industry, and regulation such as GDPR, CCPA, NYDFS and more to more than 30k global members. He was nominated to NYC's 2017 "33 Under 33" and currently holds his Investment Advisor License (Series 65) and Property, Casualty, Health and Life Insurance licenses.
Andrew Hersh is the CEO at Sigma7, a global risk information and services platform. He is an expert in the fields of risk management and national security and has contributed to the evolution of risk management in corporations and governments. Andrew has served as a Senior Fellow at Auburn's McCrary Institute and George Washington University's Center for Cyber and Homeland Security. He has served as a Member of the Infrastructure Advisory Committee for the State of New Jersey Office of Homeland Security & Preparedness and is a Member of the Cyber & Technology Council at Business Executives for National Security.
Beth Robertson is a Managing Director of Keynova Group, a principal competitive intelligence source for digital financial services firms that publishes semi-annual Online and Mobile Insurance Scorecards. With more than 30 years of experience, Beth has held leadership roles as a consultant and as a senior-level industry analyst with expertise in digital channels, payments and insurance.
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.