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
Andrew Wynn

Andrew Wynn, co-founder and co-CEO of Ascend, has been at the forefront of empowering insurance companies through cutting-edge, profit-enhancing technology. With over a decade of experience in technology and insurance industries, Andrew has developed a keen insight into the challenges faced by insurance professionals.

Andrew started Sheltr, acquired by Hippo, a homeowner's coverage insurtech. During his time there, he witnessed firsthand the inefficient and outdated payment and accounting workflows that exist within insurance. With this experience, he founded Ascend with his co-founder, Praveen Chekuri.

Jim Daniels of UHY

Jim Daniels has nearly 40 years of experience and leads UHY's Albany tax practice, which includes oversight of all tax engagements. He has an extensive background serving a variety of entities with tax compliance and planning related to corporate, individual, estate, and state and local taxes. He has vast knowledge of federal, state and local tax planning and multistate taxation.

Bryan Eberle Nepsis

Bryan Eberle is president of tax solutions at Nepsis, a national financial advisor and investment management firm.

He joined the firm prior to its acquisition of the full-service tax, accounting and consulting firm Sevenich, Butler, Gerlach & Brazil and was instrumental in planning for, and played a crucial role in, expanding Nepsis' tax program and merging the two entities.

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.