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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Brad Smith, PhD. is Chief Science Officer, meQuilibrium where he leads meQuilibrium’s active science agenda and research function in the pursuit of scientific advancements to help build workforce potential. meQuilibrium is the #1 digital solution for building resilience at scale for Fortune 500 global enterprises, helping businesses innovate and navigate uncertain times. meQuilibrium harnesses the science of resilience, AI, predictive analytics and neuroscience to help businesses build workforce wellbeing and potential. Leading employers have recognized the power of resilience, and meQuilibrium’s intelligent cloud-based resilience-building system, to both mitigate the negative impacts of stress on an individual basis, at scale, but to also build resilient and agile workforce populations capable of thriving in change.

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Sasha Leonhardt and Jon Langlois are partners and David McGee is a law clerk at Buckley LLP where they represent bank and nonbank mortgage originators, mortgage servicers, and secondary market purchasers in regulatory compliance, transactional, and enforcement matters.

Jeff is the Chief Innovation Officer at Transcarent, leading our efforts to design novel products and partnerships supporting our end-to-end Member support services. His interests span from furthering evidence-based health initiatives to innovative opportunities that deliver trusted, simple, seamless and connected solutions that drive value for our clients, Members and the providers themselves.

Prior to joining Transcarent, Jeff was the Health Strategy and Innovation Leader at Mercer Consulting. He was the Chief Medical Officer at One Medical, designing their innovative model of care and was responsible for the company’s B2B strategy. Jeff has also served as the Chief Medical Officer at RedBrick health where he was responsible for the company’s clinical programs (wellbeing, disease management, medication therapy management). Jeff led design, development and ongoing operations of the clinical and coaching programs as well as leading outcomes research for a range of population health programs.

Previously, he was a partner at Willis Towers Watson, where he was responsible for employer based health management programs, employer-provider contracting and onsite/near site clinics. He has operated a national group of 58 primary care medical practices, was Chief Medical Officer of an early ACO management firm and was an analyst at a hedge fund.

Jeff is a board-certified internist and rheumatologist and an Associate Professor at NYU School of Medicine.

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.