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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE
Hardy Manges, SVP and taxable municipal trader on the institutional sales and trading desk at Ramirez & Co.

Hardy Manges is Head of Municipal Dealer Sales at MarketAxess, responsible for new business development and strategy, training, and relationship management with dealers in the institutional municipal market.� Mr. Manges joined MarketAxess in February 2016 from Cantor Fitzgerald & Co. where he was Co-Head of the Municipal Debt Capital Markets Group.� Prior to that he was Head of Municipal Sales and Trading at Mitsubishi Securities.� He has extensive experience in secondary municipal market liquidity and trading and has held a variety of senior positions in the municipal divisions of Alex. Brown & Sons, BankersTrust and Deutsche Bank.� Mr. Manges received an M.B.A. in Finance from Loyola University Maryland and a B.A. in Economics and Spanish from Denison University. �

John Gallagher

John Gallagher is Head of Municipal Bonds and U.S. High Grade Product Management at MarketAxess, responsible for managing Municipal Bond and U.S. High Grade product development.�Mr. Gallagher joined MarketAxess in 2002 following the acquisition of TradingEdge, Inc. which he had joined in 2000 with the responsibility for high yield and distressed debt sales. At MarketAxess, Mr. Gallagher was initially responsible for electronic trading product development for U.S. high-grade, high yield, U.S. Agency and emerging market debt markets. Mr. Gallagher also piloted the development and sales for MarketAxess’ first inter-dealer trading platform, DealerAxess�, as well as the launch of the firm’s credit derivatives trading platform in 2005. Mr. Gallagher began his career as a fixed income and mortgage-backed securities (MBS) trader and has an established track record in MBS sales and trading with senior roles at various broker-dealers such as Merrill Lynch and Nomura. Mr. Gallagher received a B.A. in Economics with a Minor in German Language from Fairfield University.

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.