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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Jeffery is a senior analyst serving financial services digital strategy professionals, helping them evaluate the implications of digital innovation on their businesses. His research focuses on the intersection of secular trends and technological advancements, such as the internet of things (IoT) and sensors, artificial intelligence and machine learning, and natural language processing, as these advancements are changing the way financial services firms do business and interact with their customers.

Jeffery has more than 10 years of experience working with C-suite executives and senior business leaders to shape business strategy at insurance clients. Prior to joining Forrester, he was an associate director at Ernst & Young (EY), where he led EY’s Americas’ insurance sector market research and insights program, working closely with senior engagement partners to drive growth at key global and US accounts. Before EY, Jeffery was a senior manager at PriceWaterhouseCoopers (PwC), where he delivered insurance industry and company research, analysis, and thought leadership support to client service partners and their engagement teams during consulting pursuits and engagements. Prior to PwC, Jeffery was employed for five years as an equity analyst at global and regional investment banks, covering the retail and consumer and automotive aftermarket industries.

Jeffery holds an MBA from the Darden School at the University of Virginia in Charlottesville, Virginia. He received his bachelor’s degree in agribusiness from Florida A&M University in Tallahassee, Florida.

Jay Clayton

Jay Clayton chaired the U.S. Securities and Exchange Commission from 2017 to 2020. He currently serves as chairman of the Board of Directors of Apollo Global Management, senior policy advisor and of counsel at Sullivan & Cromwell, and adjunct professor at the University of Pennsylvania Carey Law School.

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Billy Leigh is managing director and senior vice president of strategy and transformation at Embark. He leads the company's efforts to expand the ways in which the company serves clients by leveraging data, technology and AI. 

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.