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.

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Martin Kleinbard is the founder of Granular Fintech LLC, which advises fintech lenders and vendors on processes and strategies. He previously helped stand up new consumer credit products and teams at American Express and Bread Finance (acquired by Alliance Data Systems in 2020) before leading the CFPB's market research in fintech topics such as BNPL and solar financing.

Headshot of Astrid Malval-Beharry

Astrid Malval-Beharry is the Founder and President of StratMaven, a boutique strategy consulting and M&A advisory firm specializing in the intersection of P&C Insurance and Technology. With over 20 years of experience in growth strategy and M&A, she partners with insurance providers, solution vendors, and private equity firms to drive innovation and value creation in the InsurTech sector.

Suzanne Holl

Suzanne M. Holl, CPA, is executive president of Loss Prevention Services with CAMICO. With more than 30 years of experience in accounting, she draws on her Big Four public accounting and private industry background to provide CAMICO's policyholders with information on a wide variety of loss prevention and accounting issues.

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.