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.
Prince-Alex Iwu is an associate with the law firm Diaz, Reus & Targ. Prince-Alex's expertise includes international arbitration, corporate investigations, compliance and cross-border disputes. He advises clients in navigating complex regulatory frameworks, including sanctions and financial crime compliance.
Ishmael Green is a partner with the law firm Diaz, Reus & Targ. His expertise includes complex commercial litigation, class action defense, securities and fraud litigation, cryptocurrency law and regulatory compliance. Green advises U.S. and multinational corporations on digital asset disputes and has provided expert commentary on cryptocurrency regulations.
Michael Diaz Jr. is the global managing partner of law firm Diaz, Reus & Targ. Michael is a Florida bar board-certified international litigation and arbitration attorney and an ACAMS-certified anti-money-laundering specialist with 38 years of experience leading cross-border investigations, FCPA and OFAC matters, asset recovery and crypto-related disputes.
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.