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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Nic Johnson

Nic Johnson is the founder of ListWise.

Previously he spent 17 years at PIMCO, where he managed over $30 billion in commodity and real estate portfolios. He is the coauthor of "Intelligent Commodity Indexing," published by McGraw-Hill. Prior to entering financial services, he was a research fellow at NASA's Jet Propulsion Laboratory, where he researched new methods for autonomous navigation for future Mars missions.

Lei Zhang is the founder and has served as the chief executive officer and chairman of the board of Cheche Group (NASDAQ: CCG). Before that, he served as chief executive officer of CloudPower Technology Co., Ltd. from 2010 to 2014. He was a senior manager in the global technology service department at Huawei Technologies Co., Ltd. from 2001 to 2006. Zhang received a bachelor's degree in computer science and technology from Wuhan University of Technology in 2001.

Amy Glorioso joined Kelly Benefits Payroll in 2022 with nearly 30 years of experience in the payroll industry. In her current role as Vice President of Client Engagement, Amy is responsible for ensuring that all payrolls are delivered timely and accurately as well as team development and client retention. Using her expertise in payroll procedures, best practices and compliance, she also is tasked with identifying and implementing process improvement and enhancements that ensure the best experience possible for clients.

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.