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.”
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.
Cory McNeley is a managing director at UHY and leader of the technology innovation service line, which provides digital strategy, technology sourcing, technology automation, digital transformation, and artificial intelligence and machine learning advisory services to strengthen and transform the office of the chief financial officer. Drawing from over 20 years of experience, his expertise spans international operations, manufacturing, defense and aerospace, retail, government and service sectors.
Jan Lynn Owen last served as the first commissioner of the California Department of Financial Protection and Innovation, or DFPI, from 2013 to 2019. Prior to that, she held the commissioner role in California for over 15 years at the Department of Corporations, Department of Financial Institutions and the Department of Business Oversight.
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.