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.”

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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.

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Jon Hubbard is a shareholder and consultant at Boomer Consulting Inc.

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Glenn L. Friedman is co-managing partner and CEO of Top 100 Firm Prager Metis CPAs. He is also a partner in the advisory services and tax departments. He has been practicing since 1979. In 2013, his firm, Metis Group LLC, merged with another partnership, Prager and Fenton LLP to create Prager Metis. Prior to Prager Metis, Friedman started his career at an international law firm that specialized in foreign tax havens.

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Wendy Valentino is a partner at Prager Metis CPAs. She has over 30 years of experience in the accounting industry. Prior to joining Prager Metis, she was a partner at Cohen Greve & Co. CPA PC, which combined with Prager Metis in 2017. She serves on Prager Metis’ due diligence committee for future combinations.

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.