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.
Ryan VanderVelden is a manager with KBKG specializing in cost segregation and fixed asset services. He has over four years of experience conducting cost segregation studies, fixed asset reviews, repairs/maintenance cost analyses, and retirement studies.
Malik Javed is a principal and oversees engineering operations for cost segregation projects at KBKG. He is a certified member of the American Society of Cost Segregation Professionals (ASCSP) and is currently a member of the ASCSP Technical Standards Committee. Since joining KBKG in 2004, he has performed thousands of cost segregation studies for clients in various industries, regularly reviewed architectural and engineering drawings and construction cost budgets. He has provided continuing professional education to hundreds of CPAs across the country on various real estate tax issues. He has also successfully represented KBKG’s clients in an IRS audit.
As Research Director of Aite Group’s Retail Banking & Payments practice, Julie Conroy covers fraud, data security, and anti-money laundering issues. She has more than a decade of hands-on product management experience working with financial institutions, payments processors, and risk management companies, including a number of years leading the product team at Early Warning Services. Julie is often quoted in numerous media outlets, including The Wall Street Journal, U.S News and World Report, American Banker, and the New York Times.� Julie is fluent in Spanish and holds an M.A. in International Policy from the Monterey Institute of International Studies and a B.A. in Business Administration from the Michigan State University Honors College.�
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.