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.

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Scott joined Tinubu in April 2023 as the Surety Chief Operations Officer. He oversees the Client Services, Product, and Engineering departments, aiming at delivering innovative solutions and executing the Tinubu Surety vision.

Scott has more than 25 years of experience leading startup and enterprise SaaS organizations. He started his career as a software developer in the '80s and was later a founder at OutStart, where he was responsible for the portfolio of learning technology solutions. In 2012, when OutStart was acquired by IBM,  Scott was responsible for the strategic product direction of IBM's Smarter Workforce initiative. Since then, he has held positions at the C-Level, as an EOS Integrator, and as a product leader in highly regulated industries, including public safety.

Scott holds a degree from the University of Miami.

LinkedIn profile: linkedin.com/in/scottredwards/ 

Courtney Maugé is Senior Vice President and Cyber Practice Leader at NFP. Her experience includes developing strategies to quantify, mitigate and transfer client cyber risk, as well as offering in-house expertise on data privacy matters. She is a frequent speaker on cyber/errors & omissions (E&O) topics, most notably privacy risks and the human element of cyber risk. Courtney earned her Juris Doctor from the University of Georgia School of Law and her Bachelor of Arts degree from Emory University.

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.