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.
Carrie Kelley, who is a Director in the Insurance Consulting and Technology business, joined WTW in 2012 and is based in the Atlanta office. Her primary areas of practice are individual life insurance, COLI/BOLI products and principles-based reserving. She has assisted clients across a range of M&A, reserving, and financial modeling issues.
Richard McBride is founder and CEO of Certino, a cloud-based shadow payroll platform. He is a chartered accountant and chartered tax advisor with over 35 years in the industry and expert knowledge in global mobility, international employment tax and reward. Prior to founding Certino in 2017, he set up and led the global mobility function at Baker Hughes, delivering more than $250 million in employment tax cost savings over eight years (2008–2016).
Andrew Housser is an accomplished entrepreneur and investor, and the co-founder and co-CEO of digital personal finance company Achieve. Previously, Housser worked in the financial services industry, doing private equity investing with Littlejohn & Co., and working in investment banking at Salomon Smith Barney. He has been named to the Silicon Valley 40 under 40 list and is a past winner of the Ernst & Young Entrepreneur of the Year Award for Northern California.
Outside of Achieve, Housser is a part-time angel investor and has served on the board of directors of several startup companies and two independent schools. Andrew received his MBA from Stanford Business School, where he was an Arjay Miller Scholar and received a BA summa cum laude from Dartmouth College, where he was a member of Phi Beta Kappa.
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.