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.

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Greg Hopper is a senior fellow at the Bank Policy Institute.

Layla Kennington is an intern for Bond Buyer through the Dow Jones News Fund. She is a rising senior at Tufts University studying International Relations and Arabic. An aspiring business reporter, she was a features editor for the Tufts Daily and news editor for the Tufts Observer.

Olivia Krylov Capco

Olivia Krylov is an associate at Capco, interested in the banking and payments, risk and regulatory, and security and privacy spaces.

She currently works out of Capco's Chicago office and is on a payments engagement assessing the security of the clients payment rails. She has also supported a DEI engagement developing the financial institutions overall strategy, as well as a small team working on financial and regulatory consulting for a financial services firm. She has previous experience in consulting both through internships and in an academic context.

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.