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.
Sasha Brenecki is a manager with KBKG, based in Chicago, specializing in cost segregation and fixed asset services overseeing the Midwest region. She has over six years of experience conducting cost segregation studies, section 481a adjustment calculations and fixed asset reviews.
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Carolyn M. Glynn, Esq., is a trusts and estates attorney in New York City with the law firm of Offit & Kurman, PA and advises high net worth families in the areas of estate planning, retirement planning and business succession planning. She can be reached at carolyn.glynn@offitkurman.com.
Henry Montag is a Certified Financial Planner who has been in practice since 1976, with offices in Long Island, N.Y. He is the founder and principal of The TOLI Center East, which provides independent consultative fee-based life insurance performance evaluations for trustees, their advisers, and high-net-worth individuals. He has lectured extensively on the proper utilization of financial products to the New York State Bar Association, the New York State Society of CPAs, the AICPA, and NCCPA. He has also appeared on Fox Business, Wall Street Week and News 12. He co-authored “The Advisors’ and Trustees’ Guide to Managing Risk and Avoiding a Client Crisis.” Reach him at henry@thetolicentereast.com or (516) 695-4662.
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.