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.
Thomas Shea is a tax partner and principal at EY.
Alex Dalyac is the co-founder and CEO of Tractable, which develops artificial intelligence for accident and disaster recovery. Working with the largest insurers across the United States, Europe and Asia, Tractable's AI has accelerated accident recovery for hundreds of thousands of households. Prior to Tractable, Alex performed research at Imperial College London, where he led the Computing department’s first industrial application of deep learning. Alex has also been named by Forbes in its Europe 30 Under 30 for Technology and by the FT as one of the UK’s top 100 entrepreneurs.
Brian Strom is the co-founder and CTO of Elevate, a next-generation consumer-directed benefits platform that offers modern, API-driven tax-advantaged benefits experiences (think HSAs, FSAs, HRAs, commuter benefits, and more).
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.