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.”

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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

Patty Starr is president and CEO of Health Action Council and is responsible for driving the strategic direction of the organization--build stronger, healthier communities where business can thrive. Since joining the Health Action Council staff in 2013, she has transformed the organization yielding broad national expansion and seven consecutive years of growth. 

Patty is a member of the Advisory Board at the Heritage College of Osteopathic Medicine and the Board of Directors for Health Policy Institute of Ohio (HPIO). She has also served on the Board of Directors for the Better Health Partnership, Ohio Patient-Centered Primary Care Collaborative and Health Action Council before becoming executive director in 2013.  In 2022, she was named a Woman of Influence by Cleveland Business Journal, and in 2018, she was named among Notable Women in Healthcare by Crain's Cleveland Business. 

Prior to Health Action Council, she was the senior director of health insurance and benefits at the Council of Smaller Enterprises (COSE) and president and founder of The Ark Individual Insurance Brokerage.

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Jennett Douglas is a senior client services manager for Felix. In her work, she utilizes a wealth of knowledge and experience in project management, research-based practices, human development and learning, and coaching.

Nicole Halverson serves as Carpe Data's first VP of People and Culture. Throughout her time at Carpe Data, Nicole has built a people-focused team driving talent acquisition, people and organizational development, employee relations, employee engagement, and DEIB. Nicole has helped triple Carpe Data's employee base in the US and Portugal, and has helped coach employees towards high performance and innovation while committing to the Company's core values: act like an owner, lead with empathy, and be bold and creative. Before Carpe Data, Nicole spent eight years in operations and people management in private education.

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.