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.
Catherine Stihler (OBE, FRSE) is a distinguished international leader and open technology specialist who served on the Governor of Pennsylvania's AI task force. She has also collaborated with the World Economic Forum's AI Alliance, and provided valuable insights to the US National AI committee, establishing her as a key figure at the intersection of AI development and governance, among other notable achievements. With a career including two decades at the forefront of European policy creation and decision-making, she uniquely bridges regulation and innovation - helping organizations understand compliance and achieve goals. Catherine seamlessly combines an insider's knowledge of international institutions and business with a results-driven approach, showcasing a unique and practical perspective. She is also acting advisor for Vero AI, the new innovative AI startup behind the Iris platform and VIOLET Impact Model.
Dan Chu is the executive director of the Sierra Club Foundation.
Pegine Grayson, JD, CAP, is a senior vice president and director of Whittier Trust's Philanthropic Services department, leading a team of 14 in providing philanthropic advice to the company's high net worth clients and management services for their foundations and donor-advised funds.
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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.