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.
Tom Sporkin serves as Managing Director, Enforcement at CFP Board, the professional body for personal financial planners in the U.S. He leads a team of attorneys and legal staff in the detection, investigation and prosecution activities. Tom possesses decades of experience in enforcement and regulatory compliance, including 20 years in the SEC’s Division of Enforcement where he served in various leadership roles including co-managing the Office of Internet Enforcement, and, in the aftermath of the financial crisis, establishing and managing the Office of Market Intelligence, which included the Office of Market Surveillance and the SEC’s Whistleblower program.
Nell Derick Debevoise uses her expertise in purposeful leadership to help CEOs and CHROs expand their impact, grow their businesses and build powerful legacies.
David Unkovic, Public Finance & Government Services Group, McNees Wallace & Nurick
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.