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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Jason Flanders serves as president of professional talent solutions at Randstad USA, leading operations and strategic initiatives to expand Randstad's footprint, optimize service delivery, and align talent solutions with the market's shifting demands. As an alumnus of Clemson University, he is a noted speaker and commentator on key issues related to finance and accounting, employment trends as well as extensive thought leadership topics related to the broader labor market. He presents on the national and chapter level with leading professional associations, including Financial Executives International, CFO Leadership Council, Institute of Management Accountants, and the FP&A Board.

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John Griffin, co-founder and CRO of m3ter, has more than a decade of experience in usage-based pricing, having first encountered it at GameSparks (acquired by AWS in 2017) and then spending over three years at AWS learning best practices from its world-class UBP business before leaving to start m3ter.    

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.