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.”

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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
David Trapp of ArmorPoint

David Trapp is CEO of ArmorPoint and its parent company Trapp Technology, both of which he founded in 2007 and 2018, respectively. He has almost two decades of experience in cybersecurity and IT services. 

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Gregg Golson CPCU, ACS, AIC, AIM, AINS, AIS, API, CSM is a speaker, consultant, and strategy coach. He has 25+ years in claims leadership, marketing, and strategic planning in the insurance industry. At J.S. Held, he helped create over 1,700 sessions for 135,000+ attendees while leading verbal thought leadership. Gregg has handled over 12,000 claims, been on 39 tours of catastrophe duty, and handled over 275 large losses in 13 states. He is a frequent speaker at national events on soft skills, resilience, and adaptability. He is currently the Lead Strategist at UP2Now LLC.

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Nic Johnson is the founder of ListWise.

Previously he spent 17 years at PIMCO, where he managed over $30 billion in commodity and real estate portfolios. He is the coauthor of "Intelligent Commodity Indexing," published by McGraw-Hill. Prior to entering financial services, he was a research fellow at NASA's Jet Propulsion Laboratory, where he researched new methods for autonomous navigation for future Mars missions.

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.