IRS denies deductions for forgiven paycheck protection loans

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.

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.”

IRS-Building-light
The IRS headquarters building in Washington, D.C.
Andrew Harrer/Bloomberg

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.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE
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Dana Edwards is focused on designing and developing digital products for the US and UK Simply Business businesses. He has a track record of running product, technology, and data teams using the latest customer-centric, agile practices.
His passion is helping engineers, business teams, product teams, data teams, and enterprises work in a way that produces high quality products for customers. This drives him to create an environment of empowerment and inclusivity.
Dana joined Simply Business in 2022 with an extensive background in financial services. Previously, he held roles as Chief Technology Officer for firms such as PNC Financial Services and MUFG Union Bank. His career started with roles in product and technology development, and academics

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Sam Rea is the chief technology officer at Aspire General Insurance, bringing over 20 years of experience leading IT organizations in the insurance industry. Prior to joining Aspire, he served as CTO for the PEAK6 InsurTech portfolio, overseeing technology across an agency franchise, MGA, SaaS platform, BPO service, and a national flood insurance processor. He previously held senior roles at National General Insurance as EVP and CIO, and at Zurich Insurance as assistant vice president.

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Curt Hess is the U.S. Executive President at Vitesse, where he is leading the company's strategic expansion in the American insurance market. Curt brings over 25 years of experience across fintech and global banking, most recently as Chief Operating Officer at 10x Banking, helping scale operations at one of the UK's most innovative fintech firms. Prior to that, Curt held multiple C-level roles during a 12-year tenure at Barclays, including Chief Executive Officer of the US Consumer Bank and Chief Executive Officer of Europe Retail and Business Banking. Earlier in his career, Curt held senior finance leadership positions at Citi as well as with Bank of America in the U.S. His deep expertise in digital transformation, operational scale, and client-centric innovation uniquely positions him to drive Vitesse's U.S. momentum in the insurance space.

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.