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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Dr. Bart Hildreth is professor and former dean at the Andrew Young School of Policy Studies at Georgia State University in Atlanta. Previously, Bart spent 30 years as a business school professor at Wichita State University (including interim business dean), LSU, and Kent State. His expertise is state and local finance, with a specific focus on municipal securities and tax policy.He is a public member of the Board of Directors of the Municipal Securities Rulemaking Board (2012-2015). He has served on the National Advisory Council on State and Local Budgeting and the Governmental Accounting Standards Advisory Council, received two gubernatorial appointments to serve on the board of the Kansas Development Finance Authority, chaired a state-wide tax review committee, served on several GFOA national committees (including the disclosure task forces), and held the position of Director of Finance for the City of Akron, Ohio where he had financial responsibility for the successful workout of a technical default on a waste-to-energy facility.Since 1989, he has served as the editor-in-chief of the only refereed journal devoted to municipal securities, the Municipal Finance Journal. In addition to numerous journal articles and books, his publications include State and Local Government Debt Issuance and Management, the Handbook on Taxation, and Budgeting: Politics and Power (Oxford University Press, 2010).A Fulbright Scholar (at McGill University, Montreal), he also received the 2008 national award for lifetime scholarly achievement in the field of public budgeting and financial management. Bart�s degrees are from the University of Alabama (B.A.), Auburn University at Montgomery (M.P.A) and the University of Georgia (Ph.D.).

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.