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
Alex Timm, Root

Alex Timm is the Co-Founder and CEO of Root Insurance, a technology-driven carrier founded in 2015 that revolutionized the traditional auto insurance industry by basing rates primarily on driving behavior rather than demographics. A casualty actuary by training (Fellow of the Casualty Actuarial Society and member of the American Academy of Actuaries), Alex built deep expertise in corporate strategy and Property & Casualty lines at Nationwide Insurance. 

Under his leadership, Root leveraged smartphone-based telematics and data science to become the nation's first licensed insurance carrier powered entirely by mobile, culminating in Ohio's largest IPO when the company went public in 2020. Alex is a Henry Crown Fellow of the Aspen Institute and serves on the Board of Directors for GoHealth, continually championing the use of advanced machine learning and mobile technology to build a fairer, more efficient insurance landscape. 

Trevor Traina is the founder and CEO of Kresus.

Robert Valenzo of Falcon Tax Resolution Group

Robert Valenzo, MBA, EA, is a former IRS Revenue Officer, including in the high-priority Abusive Tax Avoidance Transactions program, and a former manager of the IRS South Texas Collection Region. A former U.S. Air Force B-52 navigator, he founded Falcon Tax Resolution Group. He can be reached at robert@falcontaxrelief.com or 1-855-4-IRS-PRO.

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.