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.
Simon Leung PharmD, RPh is VP, head of pharmacy at Conner Strong & Buckelew, one of America's largest and most respected insurance brokerage, employee benefits and risk management consulting firms. He oversees all facets of the firm's pharmacy business, driving cutting-edge pharmacy solutions to optimize pharmacy benefit strategy for employers and plan sponsors. Additionally, he actively works with PBMs, coalitions and other industry partners.
Carl E. Sera is a chartered market technician (CMT) and the managing principal of Sera Capital Management, a fee-only registered investment advisor based in Annapolis, Maryland, specializing in tax-efficient real estate exit planning, 1031 exchanges, Delaware statutory trusts and 721 UPREIT structures. He has more than 19 years of experience in financial services.
J. Henning Buchholz is a strategic initiatives, transformation and M&A leader who supports global organizations in unlocking value through strategic transactions and enterprise change. As a principal with Deloitte Consulting's M&A practice and co-leader of the U.S. divestitures & separations group, he advises global life sciences, technology, and other organizations on reshaping portfolios, driving growth and unlocking operational value through complex transactions and enterprise transformations.
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.