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

Andrew Stocker is the president, employee benefits of Voya Financial, Inc. (NYSE: VOYA), which helps Americans become well planned, well invested and well protected. Andrew is a seasoned insurance executive with a proven record of leadership and transformation across distribution, marketing, product manufacturing, underwriting, and operations. Stocker currently leads Voya Financial's employee benefits business, inclusive of Benefitfocus.

Jim Germer 1

Jim Gemer, CPA, is the founder of the Human Choice Company LLC in Bradenton, Florida. He writes on AI governance, forensic methodology, and the accountability gap at thinkingsovereignty.ai and digitalhumanism.ai

Pam Klein is the SVP and GM of Zelis' member engagement and transparency business, which helps payers meet the needs of their members. Previously, she led Network Analytics at Zelis to help payers optimize their provider networks through analytical software and Product Management for Zelis' Claims Cost Solutions business unit. Prior to this, she was Chief Marketing Officer at Zelis, overseeing strategic leadership on brand management, product marketing, and internal and external communications.

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.