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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Carla McCall, CPA, CGMA, is managing partner of AAFCPAs, a 240-person CPA and consulting firm based in New England. She was named one of 2020’s "Most Powerful Women in the Accounting Profession" by the American Institute of CPAs, and was also honored as part of Accounting Today’s Managing Partner Elite List.

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Patrick Morrell is the cofounder and chief revenue officer at Anduin, an AI-based billing platform. A veteran sales and marketing leader and technology company founder, he began his career in sales at CEB (now Gartner). He then joined Three Ships, where he led content development and later business development, and then joined Skookum (now Method) where he led inside sales and strategic partnerships as the company scaled (later acquired by GlobalLogic). Sealed Air Corporation then recruited him to build and manage the enterprise's first inside sales team and manage a nine-figure portfolio of commodity products. Morrell then founded and eventually sold a direct-to-consumer ecommerce business, and then cofounded Digitize.AI, a fintech company focused on the health care industry, where he ran sales and marketing. After exiting Digitize.AI (acquired by Waystar), he cofounded Anduin. An avid runner, reader, and basketball fan, he lives in North Carolina with his wife Clay and two children.

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.