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.
Alex Amezquita is CFO of Herbalife Nutrition, where he is responsible for corporate financial functions at the highest level, including the company’s financial reporting, accounting, tax and treasury functions. Prior to joining Herbalife Nutrition in 2017 as the senior vice president of finance, strategy and investor relations, Amezquita was senior vice president at Moelis and Company, a leading global investment bank, where he advised Fortune 500 companies on mergers and acquisitions, corporate governance, capital markets strategy and investor relations. Beginning in 2012, Amezquita worked extensively as a financial advisor to Herbalife Nutrition on key strategic and financial initiatives while at Moelis. Amezquita brings over 20 years of experience to Herbalife Nutrition from his finance and engineering background. He commenced his investment banking career on Wall Street advising Fortune 100 companies while at Merrill Lynch and Centerview Partners. He began his professional career in the aerospace & defense and technology sectors. During this time, Amezquita worked as both a lead design engineer and consultant to a broad spectrum of industry leaders ranging from Northrop Grumman to Cisco Systems. Amezquita holds an MBA in finance from the Wharton School at the University of Pennsylvania, and a Master and Bachelor of Science degree in electrical and computer engineering from Carnegie Mellon University.
Richard Herring is Jacob Safra Professor of International Banking and Professor of Finance at the University of Pennsylvania's Wharton School of Business
Chris Koverman, vice president engineering and operations at CLARA Analytics, is a seasoned engineering executive with more than 20 years of product development and senior management experience in strategy, design and development of complex, scalable cloud-based products. Koverman is known for his ability to define product strategy and lead the technical execution required to achieve these goals. Chris received a Bachelor of Science, Biophysics, from University of California, Berkeley and a Bachelor of Science, Computer Science, from the University of California, Santa Cruz.
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.