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.
Christopher Strand leads Carbon Black’s global security risk and compliance program strategy. With more than 20 years of information technology and security assessment experience, Chris oversees the development of enterprise platforms that help organizations deploy proactive security and compliance solutions. Throughout his career he has concentrated on refining a framework that bridges the gap between security policy and cyber-regulatory requirements, while helping to maintain, measure, and improve enterprise risk posture. Previously, Strand held security/compliance positions at Trustwave, Tripwire, EMC/RSA, and Compuware.
Angel Bennett is the assistant vice president of paid leave at Unum, a leading employee benefits and leave services provider.
Kevin Fromer is president and CEO of the Financial Services Forum, which represents the eight largest, most diversified U.S. banking institutions. Previously, Fromer was the executive vice president and head of public affairs for HSBC North America Holdings, where he was responsible for public policy and government affairs at the federal and state levels. Fromer spent over two decades in U.S. federal government, including as assistant secretary of the Treasury for legislative affairs from 2005-2009.
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.