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.
Eric J. Spitler, adjunct professor of law at the University of North Carolina School of Law, served as director of legislative affairs for the Federal Deposit Insurance Corp. and the U.S. Securities and Exchange Commission.
Latisha Carter, head of partner at Xero, helps lead all partner growth channels across Xero’s U.S. sales organization. Her teams are focused on regional and enterprise partner consulting. She previously served as head of partner services at Xero and brings 19 years of experience in the accounting software industry where she held different positions across marketing, sales and professional services throughout her career at Sage. She is based in Atlanta.
Charles Reiling is president and CEO of CoastalOne, an independent broker-dealer (Coastal Equities) and registered investment advisor (Coastal Investment Advisors) hybrid platform based in Wilmington, Delaware.
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.