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.
Nicole Stelter, Ph.D., is the director of Behavioral Health at Blue Shield of California, a nonprofit health plan with more than $22 billion in annual revenue serving 4.7 million members in the state's commercial, individual, and government markets.
Stelter plays a key role in implementing Blue Shield's Behavioral Health Reimagined strategy. She is also responsible for providing behavioral health and market/provider expertise across Blue Shield of California's behavioral health initiatives, with a focus on commercial lines of business.
Stelter has more than 30 years of behavioral health experience, most recently serving as Kaiser Permanente's director of National Strategic Customer Engagement, Specialty Consulting for Mental Health, and Health Equity. In this role, she led the company's total workforce health portfolio, including providing internal and external consultation and product development for mental health, occupational health, wellness, Employee Assistance Programs (EAP), and disability management services.
Stelter holds a bachelor's degree in Psychology and a master's degree in Counseling Psychology from California State University-Dominguez Hills and she earned a PhD degree from Capella University in Minneapolis.
Stelter is a licensed marriage and family therapist, a clinical trauma professional, and holds certifications in community/organizational disaster mental health. Her clinical focus has been with the first-responder community (police and fire), and she served as a behavioral health officer in the California Army National Guard (State Guard/Reserves) from 2010 to 2015.
Scott Godes, Partner in Barnes & Thornburg's Insurance Recovery Practice, advises clients on cyber risks and insurance matters and successfully litigated two of the first cyber insurance coverage cases in the country.
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.