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
Patrick La Pine, LSCU

Patrick La Pine is president and CEO of the League of Southeastern Credit Unions, which serves CUs in Florida and Alabama.

Vinay Pai is an experienced technology executive with a track record of leading high-performing international organizations and driving technology transformation at scale and business growth globally. As the senior vice president of engineering at Bill.com, he leads the technology teams that develop and deliver the Bill.com product portfolio. Prior to joining Bill.com, he was SVP of engineering at First Data, where he led engineering for the Clover point-of-sale product line. Earlier, Pai held several leadership roles in the small business group during his eight years at Intuit, which he joined as part of the PayCycle acquisition. Most recently, as vice president for Intuit Developer Platform, he led the business segment responsible for the QuickBooks ecosystem of third-party applications and developers. He has also held engineering leadership roles at Cassatt, Sun Microsystems and Schlumberger, and founded a startup on the Apple platform that delivered three products.

Pay has MS electrical engineering, BS electrical engineering and BA computer science degrees from Rice University.

David Henka is CEO and President of ActiveRADAR, a company specializing in pharmacy cost reduction programs for employers, health plans, and trust funds.

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.