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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE
Headshot of Peter Phillips of Cover Genius.

In his role, Peter leads the product and engineering teams to define and execute the company's technology strategy and roadmap for all Cover Genius' platforms, including XCover, the insurtech's award-winning insurance distribution platform.

As CTO, Peter focuses on the delivery of innovative products and the continued adoption of open source and cloud-based technologies. He is responsible for and oversees the design and implementation of our global scale real-time platforms with a focus on performance, reliability and security.

Prior to Cover Genius, Peter was VP of Engineering at Freelancer.com, where he expanded and led the global engineering team to more than 150 employees across Australia, Canada, United Kingdom, Philippines and Argentina. During his tenure, his leadership ensured core platforms scaled to support 30 million users and $740 million in gross payment volume.

Peter holds a Ph.D. in Computer Science (Spatial Data Mining) from James Cook University and has lectured at the University of Sydney about topics including software engineering, scalable infrastructure and agile development practices. Based in Sydney, he is also a supporter of local organizations that help provide healthcare to rural and remote areas of Australia.

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Sol Klein is the Head of Customer Experience & Operations at Floify.

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Scott Turner is the secretary of the Department of Housing and Urban Development

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.