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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

André is responsible for the strategy and execution of direct venture and fund investment, in addition to establishing partnerships in the reinsurance business space that generate accretive value for RGA.

With an insurance industry career spanning over 20 years, André has spent the last 17 with RGA in various roles from marketing, business and product development, venture investment and senior leadership.  Since first joining RGA in South Africa in 2005, he has worked in local, regional, and international positions, most recently transitioning to venture investments in 2015.  His team currently oversees a portfolio of more than 35 venture and 8 fund investments spanning the globe.

André holds a post graduate degree in Actuarial Science from the University of Witwatersrand, Johannesburg, and Fellowships with the Institute of Actuaries (FIA), the Actuarial Society of South Africa (FASSA) and the New Zealand Society of Actuaries, while being an affiliate member of the Actuaries Institute of Australia.

He regularly presents at industry and professional conferences and is an active thought leader on many current matters affecting life and health insurance industry. 

Ted Moynihan, Partner and Global Head of Financial Services, Oliver Wyman

Ted Moynihan is partner and global head of financial services at Oliver Wyman.

Bal-Aleksandra-Stripe

Aleksandra Bal is indirect tax technology & operation lead at Stripe.

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.