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.
Diane Schumaker-Krieg is a senior finance executive with over 30 years in leadership roles on Wall Street. She appeared for nine consecutive years on American Banker’s list of the 25 Most Powerful Women in Finance.
Dan Scholl is head of municipal finance for Wilmington Trust. He was co-head of municipal asset management for Schroder investments, and has worked directly for two governors, three state chief financial officers, and briefly served as deputy treasurer for the state of Delaware over the last 30 years.
Emily VanVleet is a partner and the tax operate transformation leader for Deloitte Tax LLP. She has more than 20 years of experience in tax consulting, strategic process design and practical approaches to tax transformation.
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.