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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Liz Lasher, VP of fraud product marketing and portfolio strategy at FICO

Liz Lasher is a vice president of fraud product marketing and portfolio strategy at FICO. She has extensive experience in how to leverage technology to mitigate fraud, including identity abuse, synthetics, identity theft and organized fraud.

Bowen serves as MRO's Privacy and Compliance Officer, overseeing the company’s compliance with HIPAA and chairing the organization’s Data Protection Steering Committee. In addition, she ensures new and existing client HIM policies and procedures are to code. She has more than 40 years of experience in Health Information Management (HIM), holding a variety of HIM director and consulting roles. Prior to joining MRO, she was Senior Vice President and Privacy Officer for HealthPort, now known as CIOX Health.

Jesse Eisinger is a senior reporter and editor at ProPublica.

Jesse Eisinger is a senior reporter and editor at ProPublica.

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.