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.
Kyle Wissel is a principal at Mazars USA. He has more than 20 years of experience delivering advisory, tax planning, and consulting services to real estate companies, closely held businesses and high-net-worth individuals. He assists real estate owners, operators and developers in structuring acquisitions, advising them on existing business operations, and creating solutions to minimize tax liabilities. He also has an extensive background in individuals’ income, partnership, corporation, estate, gift and fiduciary tax returns, including guidance on domestic and international income and transfer tax planning, and investment and financial planning strategies.
James Mirfin is global head of digital identity and fraud solutions at Refinitiv.
Dan Johnson is an assistant professor for the College for Financial Planning and a part-time instructor for Kaplan Professional and Boston University. He resides in Chicago, IL.
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.