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.
TuongVy "Vy" Le is general counsel of Veda Tech Labs, which builds institutional-grade, noncustodial vault infrastructure for digital asset markets. Previously, she served as the general counsel of a federally regulated crypto bank, head of regulatory and policy at a registered investment advisor, and chief counsel of the Office of Legislative and Intergovernmental Affairs and senior counsel in the Division of Enforcement at the SEC.
David Dienesch is the CEO of Allianz Trade in Canada and has served in this role for nearly 11 years, helping companies grow domestically and internationally. Prior to this role, he served in multiple leadership positions at Allianz Trade in Canada, such as Commercial Director, National Sales Director, and Vice President.
Michael Schor is a partner in Deloitte & Touche LLP's audit and assurance practice, where he focuses on advising our domestic and international clients on matters of internal controls, including information technology, regulatory matters, risk management issues, and control and compliance management processes. He leads Deloitte's internal audit practice, with more than 20 years of experience advising Deloitte's largest clients on the various elements of the internal audit lifecycle, including risk assessments, audit planning and execution, and reporting to audit committees and key executive stakeholders.
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.