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.”

IRS-Building-light
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
Andrew Wynn

Andrew is the co-founder and co-CEO of Ascend, a modern, all-in-one payments solution purpose-built for insurance with offices in California and New York. Before Andrew's career in insurance, Andrew was an employee at Instacart, where he met colleague and future co-founder Praveen Chekuri. Prior to founding Ascend, Andrew and Praveen co-founded Sheltr, which was acquired by Hippo Insurance in 2019.

Kedar Kamalapurkar is Managing director and a leader in the insurance sector claims practice at Deloitte Consulting LLP. He has nearly 15 years of experience in claims operations, including as a claims adjuster. He has led claims transformations from strategy to execution for many of the major insurance carriers in the United States and Europe. Kedar also holds insurance industry professional designations from CPCU, AIC, API, and AINS.

Michael Cline is Managing Director and Insurance Sector Claims Leader at Deloitte Consulting LLP. He has over 28 years of experience in claims operations and technology at insurance companies and the consulting field. He also has insurance industry professional designations from the Insurance Institute of America; CPCU, AIC, API, AIS and AINS. Michael holds an insurance property & casualty adjusters license in the State of Nevada and is an active member of the Insurance Institutes National Claims Interest Group committee.

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.