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.
Randy Kaston is the director of Business Law Group at Ligris + Associates. Her practice concentrates on all aspects of commercial and residential transactions, including representing lenders in closing complex commercial, asset-based, real estate, construction and SBA loans, as well as business lines of credit.
Lamine Zarrad is the founder and CEO of StellarFi, a credit builder that reports unlimited bill payments to the three major credit bureaus. Since 2008, Lamine has worked in various financial services roles, launching his career with Merrill Lynch and later transitioning to the public sector as a National Banker Examiner at the Office of the Comptroller of the Currency. Prior to Stellar, Lamine founded FinTechs Tokken and Joust. The latter was acquired by ZenBusiness where Lamine led the product organization through two fund raises, minting the company as one of the few Austin Unicorns. At StellarFi, Lamine and his team are on a mission to disrupt the U.S. poverty cycle and provide credit access to 132 million Americans with low or no credit. Lamine has been awarded a Bachelors in Business Administration in International Business and Russian Studies from the University of Texas at Arlington and a Masters of Public Affairs degree with a focus on Policy Analysis/Public Finance from the University of Texas at Austin. Lamine was born in the former Soviet Republic of Azerbaijan and came to the United States as a refugee prior to serving in the Marine Corps. Lamine speaks four languages and resides in Austin, Texas with his family.
David Braun is founder and CEO of Capstone Strategic, an M&A strategic consulting firm that has successfully facilitated over $1 billion of client transactions in over 30 countries across more than 100 industries. He is the author of Successful Acquisitions: A Proven Plan for Strategic Growth. He is reachable at dbraun@capstonestrategic.com and on Twitter @CapstoneStrat.
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.