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.
Laura is an attorney with SMB Law Group. She is a tax and corporate lawyer with more than a decade of experience advising companies on the tax aspects of a wide range of M&A and capital markets transactions, negotiating partnership agreements, and advising companies on day-to-day tax and corporate issues.
Garret Gray is the President of CoreLogic's Global Insurance Solutions Business. He leads a team of industry experts focused on building market-driven solutions that drive better customer outcomes throughout the property insurance ecosystem.
Prior to this, Gray was the founder and CEO of Next Gear Solutions, acquired by CoreLogic in September 2021. Next Gear is an industry-leading provider of claims workflow technology used by eight of the top ten US carriers. Next Gear restoration management solutions are used by four out of the top five contractor brands in addition to more than 10,000 contractors in North America.
Shannon Shallcross is a Tedx speaker and has coached dozens of data and insurtech startups, advising Fortune 500 clients on analytics strategy as head of client management for a national health-tech company and co-founder of BetaXAnalytics, a company that pioneered emerging data science techniques using AI to remove the barriers to transparent and actionable data. She also spent 12 years with Amica Insurance running branch sales and service operations across the country. Currently, she is head of client services at Pinpoint.
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.