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.”

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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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Kristin Smith is the CEO of Blockchain Association.

Beth Haddock AdvisorEngine chief legal officer
Beth Haddock

Beth Haddock is chief legal officer for wealthtech leader AdvisorEngine and an independent board director and advisor for emerging tech leaders.

With over 25 years of experience leading the design and successful implementation of modern governance programs, she fosters a culture of risk ownership, partnership and creative problem-solving, repositioning governance and compliance as powerful business drivers. She is the author of "Triple Bottom-line Compliance: How to Deliver Protection, Productivity and Impact" and is an active industry leader, serving as co-chair for the Web3 subcommittee of the Digital Tech Taskforce for the New York City Bar Association, the Regulatory Advisory Committee for the National Society of Compliance Professionals and on the Advisory Board for ADVISE AI.

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Raymond Leclercq is CFO of Board International, a provider of intelligent planning solutions for analytics and reporting to ensure companies are tracking and sustaining their ESG promises.

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.