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.”
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.
Jamie Overberg, a partner at TaxOps Minimization, has been executing and managing all aspects of R&D credits for over 20 years at companies. She links nexus to qualified expenses by business component or project accounting. She can be reached at joverberg@taxops.com.
Larry Sher is a partner in the New York office of October Three. He has been a pension actuary for over 35 years, specializing in cash balance and other innovative retirement plans. Larry is a highly sought after expert and advisor and, in August 2014, was appointed to the New Jersey Pension and Health Benefits Commission by Governor Chris Christie. Larry is a Fellow of the Society of Actuaries (FSA), a Fellow of the Conference of Consulting Actuaries (FCA), a Member of the American Academy of Actuaries (MAAA) and an Enrolled Actuary (EA). He has been a Board Member and Vice-Chair of the Actuarial Standards Board, the group that establishes actuarial standards of practice for all US actuaries. Larry has also been on the Boards of the American Academy of Actuaries and the Conference of Consulting Actuaries, and was recently President of the Conference.
Lauren Hoeck is a director of retirement and financial well-being consulting at Willis Towers Watson.
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.