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.
Bryan Davis serves as Executive Vice President and Head of VIU by HUB, a digital brokerage
platform backed and developed by HUB International, the largest personal lines broker in the U.S. He is
responsible for the vision and strategy, profit & loss, investment priorities and supporting a network of
alliance partners.
With more than 20 years of industry experience, Davis has led transformational projects and driven growth in personal and commercial lines, product management and pricing, sales and business
development, underwriting and operations.
An industry leader in product, sales, and digital innovation, Davis previously held leadership positions with USAA, Nationwide, and AIG. Davis is a graduate of Wofford College and also has an MBA. He's also credentialed as a ChFC & CPCU and is also a former Member of the Board of Directors of the American Red Cross of San Antonio.
Evan Daniels serves on the advisory board of Monitaur, an AI/ML governance software company committed to working with the insurance industry and regulators towards the responsible and effective integration of AI/ML. Formerly Director of the Arizona Department of Insurance and Financial Institutions and served as the 2022 Co-Vice Chair of the NAIC Committee on Innovation, Cybersecurity and Technology, which oversees the NAIC's Big Data and Artificial Intelligence workstreams, Evan also is Counsel at Mitchell Sandler LLC, a boutique financial services law firm, where he advises insurance companies, insurtechs, fintechs, and financial institutions on regulatory matters. For more information on Monitaur, please visit www.monitaur.ai, and follow the company on LinkedIn.
Louis Diamond is the CEO of Diamond Consultants, responsible for leading the long-term vision of the firm.
Previously, he worked as a consultant at Ernst & Young, and in wealth management at Morgan Stanley and UBS. He co-hosts the Diamond Podcast for Financial Advisors.
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.