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.
Ryan Miller is the vice president and senior counsel of innovation policy at the American Bankers Association.
Max Bruner is the CEO of Anzen Insurance and is making life easier for retail brokers, carriers, and clients when it comes to executive liability risks. He has a proven track record in building technology companies over the past 10 years across a variety of sectors, from data science and drone hardware to agriculture, consumer auto insurance, and now executive liability.
Max has an extensive background in U.S. agriculture, energy and technology policy. He's been recognized by Forbes on its "30 Under 30" list and was a Harry S. Truman Scholar- awarded by the U.S. government for public service. He is an alumnus of the University of Cambridge and the University of Wisconsin-Madison.
Prathamesh Khedekar is a senior program manager at Creospan, where he leads technology programs for Fortune 100 clients. With a background in Silicon Valley, he has contributed to the launch of AI services across banking, pharmaceutical and technology industries. Previously, as a senior staff engineer at Motorola Solutions, he developed secure communication systems for government agencies in the U.S., U.K. and the Netherlands. He holds a master's in electrical engineering from the University of Southern California.
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.