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.
Tom Kellermann is the chief cybersecurity officer for Carbon Black. Prior to joining Carbon Black, Tom was the CEO and founder of Strategic Cyber Ventures. On January 19, 2017, Tom was appointed the Wilson Center’s Global Fellow for Cyber Policy in 2017. Tom previously held the positions of chief cybersecurity officer for Trend Micro; vice president of security for Core Security and deputy CISO for the World Bank Treasury. In 2008 Tom was appointed a commissioner on the Commission on Cyber Security for the 44th President of the United States. In 2003 he co-authored the Book “Electronic Safety and Soundness: Securing Finance in a New Age.”
Ted Kirk is vice president of strategic partnerships for Advanced Fraud Solutions.
Deepak Nath, PhD, is president of laboratory diagnostics for Siemens Healthineers.
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.