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.
Shelly is a Managing Director in BMO Capital Markets where she leads a global team responsible for the first line of defense including Trade Floor Supervision, Business Unit Compliance, AML Operational Risk & Resilience, Crisis Management, Algorithm & Automation Risk, and ESG Risk. The mandate includes preventing loss due to failure in process, people and systems and ensuring the execution of trading and investment banking businesses in compliance with applicable regulations.
In addition, she is focused on integrating data with machine learning and AI to enhance the way we work and make decisions and to focus on real versus perceived risk. She leverages similar technology applied in a different way to design process and organizational efficiencies, influencing across the organization.
Previously, Shelly was the COO for BMO's US Trading business. She has over 25 years of experience across industries. Prior to joining BMO, she was a global COO at Barclays. She has a unique blend of experience in sell-side M&A, corporate infrastructure, risk and in leading large scale regulatory and business transformations.
Shelly earned an MBA from Columbia Business School, an MS from Johns Hopkins University, and a BS from Penn State University. She holds FINRA Series 7 and 63 licenses. She has regulated and non-profit board experience and currently sits on the board of BMO Europe PLC and BMO Harris Investment Co.
She enjoys hiking, fishing, singing, playing guitar and sports.
Deb Franklin is the co-CEO of PEAK6 InsurTech, the insurance operations and technology subsidiary of PEAK6. PEAK6 uses technology to find a better way of doing things. The company’s first tech-based solution was developed in 1997 to optimize options trading and, over the past two decades, the same formula has been used across a range of industries, asset classes and business stages to consistently deliver superior results. Today, PEAK6 seeks transformational opportunities to provide capital and strategic support to entrepreneurs and forward-thinking businesses, helping to unlock potential and activate what is into what ought to be.
Eric Rosenbloom, CLTC, ChFC®, is Vice President, Wealth Services at Alera Group Wealth Services. For over 30 years, he has counseled individuals, families and businesses about long-term care and how to create and implement customized financial strategies to help enhance and protect their financial security.
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.