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.
For many U.S. cities and counties, the high number of walk-in payments and checks typically received for services, permits and fees has been aggravating but acceptable — until coronavirus struck.
Jason Barg is a partner in the Philadelphia office of Lovell Minnick Partners, a private equity firm focused on investments in the financial services and technology sectors. Prior to joining LMP in 2010, Jason was a part of the Goldman Sachs’ Financial Institutions Group, where he focused on M&A and capital raising transactions for the firm’s investment banking clients. Prior to Goldman Sachs, Jason was a Senior Associate in PricewaterhouseCoopers’ Forensics group, where he conducted investigations into corporate accounting irregularities on behalf of clients. Jason received his M.B.A., with honors, from the Wharton School at the University of Pennsylvania and holds a Bachelor of Science in Accounting, with high distinction, from the Schreyer Honors College at the Pennsylvania State University.
Under the proposed regulations, amounts paid for DPC arrangements and HCSMs are treated as deductible medical expenses.
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.