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

Marcy Klipfel is the Chief Engagement Officer at Businessolver, a leading benefits administration technology platform. There, she oversees recruiting, training, compensation, benefits, succession planning, organizational design, compliance, performance management, and driving a high-performance culture. Annually, Businessolver conducts the State of Workplace Empathy Study with a national audience of CEOs, HR leaders, and employees. Learn more at www.businessolver.com/workplace-empathy.

Allen Puwalski is the managing partner & CIO of Cybiont Capital and a member of the board of Flagstar Financial. He has previously served as chief of bank analysis at the FDIC's Division of Insurance, led the global financial team at CFRA and was a financial sector specialist at Paulson & Co. He is a chartered financial analyst.

David G. Barbeito of De La Hoz, Perez & Barbeito

David G. Barbeito, CPA, is a managing partner at De La Hoz, Perez & Barbeito PLLC. At his firm, they work with entrepreneurs locally and internationally across various industries and assist them with audit, tax, and accounting services. Reach him dbarbeito@dpbcpa.com.

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.