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.”

IRS-Building-light
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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Brij Sharma is the Co-founder and a Managing Partner at NTV. Brij has more than 25 years of experience as a successful entrepreneur and investor in the U.S., India, and GCC Region.

Brij founded Tela Sourcing, Inc., an outsourcing company focused on servicing the U.S. healthcare insurance market. Tela served more than 50 health insurance clients and was recognized by Gartner as one of the leading specialized company in healthcare services. Brij successfully sold Tela to TriZetto, Inc., a healthcare technology and solution company controlled by Apax Private Equity.

Most recently, through a joint venture with Davita Inc., Brij founded Express Clinics, a network of owned primary care and population health management centers in India. Davita is a Fortune 500 U.S.-based healthcare company. Ultimately, Brij provided a successful exit to Davita by purchasing their shareholding.

Brij is also the Founder of MDIndia, one of the largest third-party administrators of health insurance services in India. MDIndia manages more than 40 million lives, processes over $1 billion in premiums and provides healthcare access through a contracted national network of more than 4,500 hospitals and healthcare centers.

Brij has an MBA from Yale University and is an engineering graduate of the College of Engineering, Pune, India. Brij is an active investor and has ongoing involvement with ventures in the healthcare technology, outsourcing, and mobile commerce space. Brij has also been an advisor since 2010 to the $50 million Somerset Private Equity Fund, which is focused on healthcare investments in India.

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.