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.
Matt Dines is co-founder and Chief Investment Officer of Build Asset Management, an asset management firm specializing in strategies focused on fixed income and options. He can be reached at matt@getbuilding.com
Derek is the head of advisor experience at Aptus Capital Advisors, an SEC-registered investment advisor specializing in risk-mitigated investing. He organizes the firm’s efforts to help advisors build a confident client base, designing customizable portfolios with client-friendly messaging to match.
Kelli Haugh is managing director at Foreside, a provider of governance, risk management, and compliance service and technology offerings to clients in the global asset and wealth management industry. She oversees Foreside’s investment advisor compliance services team and provides strategic and regulatory guidance to investment advisors under the investment advisers Act of 1940 and state securities laws. Prior to joining Foreside, she was a Partner with Dew, Foxman & Haugh PLLC, concentrating on corporate and securities law.
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.