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.
John B. Williams III is a partner in the Washington office of Buckley LLP. He provides enforcement and litigation counsel to financial services companies and individuals navigating internal investigations, government investigations, and complex civil litigation, with a particular emphasis on consumer finance matters and complex electronic discovery. He is focused on the compliance issues surrounding government-insured mortgages and other credit products.
Michael A. Rome is a partner in the Los Angeles office of Buckley LLP. He represents corporate and individual clients in a variety of litigation and government enforcement matters. His work includes complex commercial disputes related to mortgage-backed securities, indemnity disputes, and consumer class actions alleging unfair and deceptive trade practices.
Amanda R. Lawrence is a partner in the Washington office of Buckley LLP. She specializes in cybersecurity, privacy, information security and vendor risks. She also counsels clients on compliance with privacy and data-security laws and standards, as well as represents financial services clients in mortgage loan repurchase and indemnification claims related to residential mortgage-backed securities and consumer cases.
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.