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.”

IRS-Building-light
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
Jason Polayes, director of personal lines product management at Verisk.

Jason Polayes, director of personal lines product management at Verisk, is responsible for product innovation and management strategies in the underwriting and point-of-sale space. Before joining Verisk, he had more than 15 years’ experience working at or with insurers in technology, innovation, process improvement, underwriting, and product management across auto, property, and small commercial lines of businesses, with a focus on new product development and profitable acquisition.

Dorothy Kelly, Verisk

Dorothy Kelly, AVP, leads product management within Verisk’s personal auto underwriting division and is part of a team helping insurers achieve profitable growth through data, analytics, and innovative underwriting tools. She has held leadership and executive roles within claims, underwriting, product management, and business development across personal and commercial lines, including co-founding a successful insurance services startup.

Jessica Mason is the senior policy analyst and engagement manager for workplace programs at the National Partnership for Women & Families, where she oversees in-house research and data analysis, tracks developments in academic and other research and develops advocacy resources related to the workplace and economic security agenda. She also helps find ways to engage with current and new allies in this work.

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.