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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Mark Klein

Mark Klein holds the position of Chief Digital Officer (CDO) and is the member of the Board of Management at ERGO Group AG responsible for digitalisation, marketing and global partnerships. Having previously held senior positions in the telecommunications industry – including at Vodafone and Deutsche Telekom – he has been driving ERGO's digital transformation since 2016. His goal is to systematically transform ERGO into a digital-first company. Under his leadership, ERGO has made significant strides in digitalisation, notably by leveraging technologies such as artificial intelligence, voice technology, robotics, virtual reality and process mining. In addition, the strategic partnerships he has forged with leading global technology companies enable him to evaluate the latest digital trends. In terms of marketing, his focus is on strengthening the brand, enhancing customer experience and optimising performance marketing strategies to maximise ROI through data-driven campaigns. Through an innovative social media strategy, he strengthens the brand's visibility across digital channels.

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.