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.
Peter Keating is an investigative financial journalist who has been reporting complex financial stories for more than 25 years. His work has been published recently by GQ, Inc., National Geographic, New York and Politico.
Keating was a founding member of ESPN’s Investigative Unit, where his longform projects included pioneering work that exposed for the first time how the NFL dealt with brain injuries. At ESPN, Keating was a frequent commentator on Outside the Lines and public speaker, making six appearances at the Sloan Sports Analytics Conference, and was part of teams that won three National Magazine Awards. His work has also earned 10 Journalism Awards from the New York Press Club, as well as Investigative Reporters and Editors, Deadline Club and National Headliner Awards.
Keating has written four national columns: “Numbers” and “The Biz” for ESPN the Magazine (1999-2019), “The New Retirement” for Smart Money (2006-2010) and “The Advocate” for Money (1999-2000). He was the senior writer for politics at George during the 2000 presidential campaign.
Keating lives in Montclair, New Jersey, with his wife Karen, their daughters Ellie and Samantha, and their dog, Otis.
Betsy Branagan leads the reserving and claim analytics function at Xceedance. She has over 30 years of experience in traditional actuarial roles of reserving and pricing as well as expertise in leadership, strategy, data management and organizational change.
Prior to joining Xceedance, Betsy held the position as the Appointed Actuary for Plymouth Rock Assurance Company. She managed the loss reserving and pricing functions, led the integration of data from acquired entities, and implemented new reserving tools and processes. Betsy has held leadership roles at Hanover Insurance Group, Arbella Mutual Insurance Company, AIPSO, and on a number of industry committees.
Betsy is a Fellow of the Casualty Actuarial Society and a Member of the American Academy of Actuaries. She holds a master’s degree in business administration from Indiana State University’s Kelley School of Business and a bachelor’s degree in Mathematics from Clark University.
Ross Delston is a lawyer, expert witness and former banking regulator specializing in AML matters.
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.