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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Jonathan Traub of Deloitte

Jonathan Traub is managing principal and tax policy group leader in Deloitte Tax LLP's Washington National Tax Office. He was previously staff director for the House Ways and Means Committee, where he was responsible for developing legislative policies and strategy on issues in the committee's jurisdiction, including taxes, health care and trade.

Ben Callaghan is the chief experience officer at digital healthcare solution Empara.

Guy Gage of PartnersCoach

Guy Gage III, LPC, is the co-owner of PartnersCoach Inc., a coaching and consulting firm working exclusively with CPA firms. He equips managers and partners to lead change initiatives and improve employee engagement in their firm. Holding a license in counseling (WV-LPC), he uses his experience in human and organizational behavior to coach firm leaders to break through resistance and create motivational environments. He has consulted with and coached CPA professionals for over 25 years in the U.S. and Europe, emphasizing firm growth and career fulfillment. In addition, he worked in a four-office CPA firm for almost eight years, giving him an inside look at the challenges firm leaders face. Reach him at (304) 677.0296 or Guy@PartnersCoach.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.