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.”
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.
Scott Madenburg is a market advisor at AuditBoard, where he works with various internal audit and compliance teams to help automate the administrative tasks of audit, risk and compliance activities. He is an internal audit leader with over 15 years of global business experience in financial, information system, operational, and compliance auditing; Sarbanes-Oxley; business process evaluation and design; ERP system implementation and administration; mergers and acquisitions; cyber-security; and fraud investigation. He began his career at Arthur Andersen before transitioning into internal audit with Fox Entertainment & News Corporation and Gemstar-TV Guide/Rovi Corporation. Prior to joining AuditBoard, he was the head of audit at Mobilitie LLC, where he built the internal audit function from the ground up to an eight-person department focusing on agile audits, cyber and IT security, and FCC compliance.
Ian Williams is a director at KBKG, specializing in research and development and employment tax credits. He spent 11 years at a Big Four accounting firm specializing in R&D tax credits and fixed asset studies across a variety of industries. He has extensive experience in software, heavy manufacturing, aerospace, automotive, and consumer products industries, as well as defending credit claims with the IRS.
Jason Melillo is a principal and local incentive practice leader at KBKG. His areas of expertise are local incentives, employment tax credits which includes enterprise zones, Work Opportunity Tax Credits, and other employment credits. For over 20 years, he has worked with numerous companies and CPAs on employment tax credits as well as cost segregation studies.
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.