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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

Josh Merrill is the cofounder and CEO of Confirm. He was previously Chief Product Officer and second employee at Carta, an equity management platform. He has been building web products since graduating from Carnegie Mellon in 2005.

Graham Gordon joined Sapiens in 2021 as Product & Strategy Director for P&C from LexisNexis Risk where he led several new vehicle data and connected car products. Prior to this Graham was part of the Senior Leadership team as Director of Marketing at telematics specialist, Masternaut (Michelin) where he led several key data and analytics initiatives, including forming much of the early analysis and commercial understanding of the value of driver-behavior in the commercial fleet and consumer car sector. Graham holds a bachelor's degree from Lancaster University, post-graduate qualifications from the Chartered Institute of Marketing and more recently completed his master's degree from the University of Cambridge, graduating from the Judge Business School's Executive MBA Program.    

As a veteran in the insurance industry, Sean brings nearly 30 years of experience and expertise to Lemonade as Chief Claims Officer. In this role he's responsible for claim handling policies, procedures, and execution across all US and EU territories for Lemonade's full book of insurance products spanning renters, home, pet, car, and life.

Prior to joining Lemonade, Sean spent more than 25 years at USAA  holding various leadership positions, the latest being Chief Claims Officer where he had oversight of claim handling for all personal  and small commercial lines of business. During his tenure, the company doubled in size, becoming the third-largest homeowners and fifth-largest auto insurer in the US, all while delivering industry-leading loss adjustment expenses and being consistently recognized as the highest rated in claims service by JD Power.

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.