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
Fitzpatrick-Evan-Suralink

Evan Fitzpatrick is the CEO of Suralink. Previously, Fitzpatrick served as the chief product officer at AuditBoard, where he oversaw company strategy and product development. During his tenure at AuditBoard, he also served as SVP and general manager of the IT risk and compliance product line, overseeing product strategy and development as well as go-to-market and customer success. Prior to that, he spent 10 years at Bain Capital as an operating partner and executive, working with portfolio company management teams to drive transformational growth. Fitzpatrick has a Bachelor's of Science in Accounting from Brigham Young University.

Christina Powers

Christina Powers is a Partner in West Monroe's Cybersecurity practice. She leads the firm's Cybersecurity Advisory for Private Equity (CAPE) program, helping private equity firms and their portfolio companies maintain visibility into cybersecurity practices and risks. Christina also conducts cybersecurity due diligence for potential acquisitions, supporting investment decisions and operational resilience.

 She brings deep experience in cybersecurity strategy, with a focus on risk mitigation and identity and access management. Prior to joining West Monroe, Christina worked in Accenture's Technology Consulting Security practice. She holds a bachelor's degree in Electrical Engineering from the University of Notre Dame and has completed executive education at the Yale School of Management.

Bepi Pezzulli is an associate professor in the MBA program at University Canada West as well as a solicitor of the senior courts of England & Wales, specializing in cryptofinance.

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.