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.
Attila Tomaschek is a digital privacy expert at BestVPN.com.
David R. Jarczyk is a Principal in KPMG LLP’s Tax Innovation group and the firm’s Tax Blockchain Leader. Previously, he was a founder and CEO of a successful intellectual property technology company for 10 years, and was founder and head of client services for an economics and valuation firm for the prior 5 years. Jarczyk’s specialty has been bridging the gap between technology/big data and business cases/user needs. In his roles, David has served multinational corporations, global consulting companies, global law firms, and various government sectors. He is experienced in determining market needs, translating those needs into technological requirements, creating unique data and analytics offerings, and developing go-to-market strategies. Throughout his career, David has been an advocate for small businesses, providing coaching, lectures, and advisory services to entrepreneurs in need. Additionally, David has extensively lectured and published in the areas of economics, finance, law, and intellectual property.
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.