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.
Ryan Lougheed is a seasoned professional with 13 years of experience at the intersection of GRC and technology. As Onspring's VP of Platform, he applies his expertise in consulting, automation, innovation and AI to guide the platform's evolution and solve complex integration challenges. Outside of work, his passion for technology continues through personal projects, complemented by time spent with family and on the golf course.
Will Gow, Global Head of Claims and Coverage at Brecon Specialty, leads the firm's global technical claims and coverage strategy. He has a particular focus on cyber, technology, and specialty lines. Will formerly served as International Cyber Technical Director and Head of Cyber & Technology Risks at Crawford & Company. Previously, he was Head of Cyber, Digital Assets and Financial Lines at QuestGates. He is dual-qualified as a solicitor and loss adjuster and brings extensive experience in international claims, insurance litigation and cyber and technology risks, combining technical expertise with senior leadership experience. Will also chairs CILA's Cyber & Technology Special Interest Group and advises industry bodies including the IIL and BIBA. He co-authored a book published by the CII on digital assets and insurance. In addition, he works with law enforcement, advocating and training nationally.
Patrice Onwuka is the vice president for economic policy and director of the Center for Economic Opportunity at Independent Women.
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.