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
Headshot of Douglas Dell of Sedgwick.

Douglas Dell is Vice President – Executive Leader Learning & Development for Sedgwick. An accomplished leader in training, talent development and learning ecosystems, he is currently creating and implementing L&D for Sedgwick Property Americas spanning early career programs for apprentices and interns to the next generation and focused on advanced managerial, technical, and executive leadership including career paths and learning journeys. He concurrently manages the commercial learning services of Vale Training and Consulting Services, supporting technical skills for insurance adjusting and estimating professionals, skills assessments, professional certifications, and continuing education. Formerly, he held learning leadership roles at Crawford & Company, NCR and Philips Healthcare. Previously, he was the board advisor and Chairman of the Atlanta chapter of the Association for Talent Development and a member of the graduate faculty for the University of Phoenix; and a current board member of EVTEC - a certification standard for Electric Vehicle technicians and estimators.

Headshot of Charles C. Roberts, Jr., president of C. Roberts Consulting Engineers, Inc.

Charles C. Roberts, Jr. is president of C. Roberts Consulting Engineers, Inc. (http://www.croberts.com). He has a bachelors degree, masters degree and a Ph.D. in engineering. He has worked as a consulting engineer in the area of accident reconstruction and failure analysis since 1976. He has published several books and articles on accident reconstruction, failure analysis and history.

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.