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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

Scott Beeman joined Aflac as senior vice president; president of Premier Life, Absence and Disability Solutions (PLADS) in 2020, responsible for leading all aspects of Aflac’s PLADS business. With more than 20 years of leadership experience in the insurance and health care industry, Scott is a visionary with a proven track record of channeling his passion and creativity not only into driving revenue and profitable growth, but also into instituting scalable and sustainable infrastructures and leading the pace and progress of restructurings, product development, and organizational change management programs to realize growth and create new value.

Prior to joining Aflac, Scott was president and chief operating officer of Benefit Harbor Insurance Services, LLC. He also previously served as head of Business Strategy, Operations and IT for the Life, Disability and Absence Management program at Zurich, responsible for the creation of the overall strategic value proposition and execution of its life insurance and disability operations with emphasis on the growth of the group life insurance business. Prior to joining Zurich, Scott held numerous leadership positions with Aetna, including head of Life and Long Term Care Businesses and chief executive officer of Aetna Workforce Availability, where he successfully demonstrated the ability to launch and exponentially grow both new and well established businesses. Prior to joining Aetna, Scott held positions of increasing responsibility in various sectors of the health care industry. He previously co-founded his own company, specializing in Internet-based information systems for the high-tech medical equipment sector, which he successfully negotiated for sale in 2001.

Within his local community, Scott serves on the board of The Cove Center for Grieving Children. He holds a Bachelor of Science in health policy and management from Providence College in Rhode Island and earned a certificate of professional development in executive leadership from The Wharton School at the University of Pennsylvania.

Marla Willner, head of commercial credit management and strategic initiatives, TD Bank

Marla Willner is the head of commercial credit management and strategic Initiatives for TD Bank. She is also executive sponsor of the bank's Women in Leadership Employee Group.

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Kerry L. Myers is a clinical professor of forensic accounting and law at the Lynn Pippenger School of Accountancy at the University of South Florida. He is also assigned to the Florida Center for Cybersecurity at the University of South Florida. He earned his Juris Doctorate, with Distinction, from the University of Missouri – Kansas City School of Law and a Bachelor of Science in Business Administration-Accounting, Summa Cum Laude, from Central Missouri University. He is a licensed attorney in Missouri where he practiced law and was a federal prosecutor for many years. He recently retired from the Federal Bureau of Investigation where he served as the supervisory special agent of the Technical Operations Squad. 

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.