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.
Alex Chen is business director for APAC at FIME.
Kerry Zinn is a principal at Bressler, Amery & Ross P.C. Her practice focuses on financial crime compliance in particular anti-money laundering. She is also a member of the firm’s cannabis practice group and advises credit unions, payment processors and others on complying with the Bank Secrecy Act when servicing marijuana-related businesses.
Jessica Westerman is an associate at Katz, Marshall & Banks LLP, a plaintiff-side employment and whistleblower law firm based in Washington, D.C. Prior to joining the firm, she served as a law clerk to the Honorable Russell F. Canan of the Superior Court of the District of Columbia. Westerman received her J.D. from Georgetown University Law Center, and her BA from Princeton University.
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.