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.”

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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.

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As  chief product & technology officer, Jess will lead Duck Creek's product vision to drive value for customers, partners and system integrators.

Jess is a champion of improving the customer experience and leads with a forward-thinking attitude toward deepening the connection between products. Prior to joining Duck Creek, Jess worked at ZoomInfo Technologies Inc. (NASDAQ GS: ZI), a leading go-to-market intelligence platform, and UKG, a multinational technology company providing workforce and human resource management services, where she led product and engineering teams that delivered innovative multi-channel solutions and thought leadership to customers.

Jess joined Duck Creek on April 11, 2022 with more than 15 years of experience delivering B2B products at an enterprise scale across multiple industries. Jess has been featured in multiple publications and spoken at events within the software community on the topics of creating product vision, fostering a culture of innovation, improving the employee experience, women in technology, and authenticity in the workplace. Jess earned her Bachelor of Business Administration degree from the University of Massachusetts – Amherst, as well as her Juris Doctorate from the Washington College of Law at American University.

Jamie Hale is the CEO and Co-Founder of Ladder, the award-winning life insurtech helping more people get covered in an instant, easy, and affordable way. Rooted in personal experience, Jamie's deep belief that life insurance is a fundamentally good product for families and communities inspired him to build Ladder and close the $16T coverage gap. Prior to co-founding Ladder, Jamie was Partner at Aldenwood Capital and at Jasper Ridge/Oak Hill Investment Management. He also worked at NextCard, pioneering instant credit and the first 'internet enabled' Visa card. Jamie is a graduate of Bowdoin College and Harvard Business School.

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Aman Rai is Quantitative Economics and Statistics (QUEST) senior analyst at EY US.

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.