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

As benefits analytics consultant, Mr. Austin is responsible for developing leading-edge analytic methodologies embedded within the Artemis reporting system. Mr. Austin also performs analyses and supports clients in the implementation of their integrated health, attendance and disability management programs.

Mr. Austin has over thirty years experience in the healthcare industry with the majority of the time focusing on Health and Productivity Management. Mr. Austin has previously worked at other data warehouse organizations (Nuna, OptumHealth and IBM Watson Health) providing similar client insights and product support. He also has experience working in benefits administration for two large employers in California: Pacific Gas & Electric (Senior Manager – Workforce Health) and Pacific Bell (Director – Health and Productivity).

Mr. Austin holds an MBA and Sloan Certificate in Hospital and Health Care Administration both from Cornell University and a BA in Psychology from the University of California at Berkeley.

Kevin J. Armstrong is the General Counsel and Chief Legal Officer of Docupace.

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Martin Cheek is a vice president and SmartSearch.

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.