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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Charles Weinstein is CEO of Eisner Advisory Group LLC, sits on its board of directors, and is a member of the firm's Executive Committee.

Kristen Warfield is an editor at Employee Benefit News. Her coverage interests include mental health, modern parental benefits and empowering women in the ever-evolving workplace. Most recently, Kristen was an editor at Eat This, Not That!, where she focused on health, wellness and trending food content. Before joining EBN, Kristen also wrote for national media outlets such as Reader's Digest, The Dodo and iHeartDogs.com. She earned a bachelor's degree in digital media and journalism from SUNY New Paltz, and as a native of the Hudson Valley region of New York, Kristen spends a lot of her time outside gardening and hiking.

Lisa Rosenblate is Insurance Industry Practice Leader at 2nd Watch. Her expertise spans the business lifecycle from revenue development strategies, operational efficiencies, administration and portfolio run-off management. Lisa can be found online at LinkedIn.

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.