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.
Christine has significant experience serving as bond counsel, disclosure counsel and underwriter�s counsel on financings, including general obligation bonds and revenue bonds for transportation, water, sewer, power and tax increment projects. Her practice focuses on public finance transactions for state agencies, counties, cities, urban renewal agencies, school and special districts, and tribal governments. Her experience also includes conduit 501(c)(3) financings, full faith and credit or limited tax obligations, private bank placements, and shortterm obligations, including notes and lines of credit.
Robert Feyer is a Senior Counsel in the Public Finance Department of Orrick, Herrington & Sutcliffe LLP�s San Francisco office, with more than 37 years of experience representing issuers and underwriters of municipal bonds.� For most of this time Mr. Feyer has been the senior bond and disclosure counsel for the State of California, the largest issuer of municipal debt in the U.S.� Mr. Feyer is a frequent panelist on municipal finance and disclosure matters, including the Bond Buyer�s recent Webinar on the SEC Municipalities Continuing Disclosure Cooperation initiative.� Mr. Feyer is a member of the National Association of Bond Lawyers (Securities Law Committee) and the American College of Bond Counsel.
Beth Stackpole is an independent business and technology writer.
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.