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

Ma. Contesa Pagulayan is a Program Specialist, Social Impact at Atlassian focusing on Remote Teams Engagement (prior to the pandemic!) and Engagement Data. Tesa is currently based in Manila. Outside of Atlassian, she is currently pursuing her graduate studies in Indigenous Psychology, focusing on Philippine Psychology at the University of the Philippines. She's been with Atlassian for four years now, spending two years within the Recruitment and People teams before moving to her current role.

Peter Rasmussen, MD, is Chief Clinical Officer, The Clinic by Cleveland Clinic, and Professor of Neurosurgery, Department of Neurosurgery, Cleveland Clinic and Cleveland Clinic Lerner College of Medicine, Case Western Reserve University. Dr. Rasmussen received his bachelor of science in biochemistry from the University of Wisconsin, Madison, in 1987. He earned his medical degree from the University of Wisconsin Medical School in 1991. Dr. Rasmussen is a past-President of the Society of Neurointerventional Surgery where he played a leading role on the national stage in continuing society initiatives to resource, train and support veteran and new practitioners in an area of medicine that is transforming treatment approaches to neurovascular conditions.

Christoph Dankert is the senior vice president of Provider Partnerships at Carrum Health.

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.