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.
Hillery Hunter is the Vice President and CTO of IBM Cloud. Her work focuses on cross-disciplinary technology, spanning silicon to system architecture to achieve new solutions to traditional problems. Her team pursues hardware-software co-optimization to take the wait time out of machine and deep learning problems.
She previously severed as Director of Accelerated Cognitive Infrastructure in IBM Research, leading a team doing cross-stack (hardware through software) optimization of AI workloads, producing productivity breakthroughs of 40x and greater which were transferred into IBM product offerings. In 2010, she was selected by the National Academy of Engineering for its Frontiers in Engineering Symposium, a recognition as one of the top young engineers in America.
Hunter is a BS, MS, and PhD graduate of the University of Illinois at Urbana-Champaign, specializing in Electrical Engineering. She is a member of the IBM Academy of Technology and was appointed as an IBM Fellow in 2017.
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Partner, Orrick, Herrington & Sutcliffe LLP
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.