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.
Rich Paul leads Deloitte & Touche LLP’s Consumer Industry U.S. Audit & Assurance practice.
Chief Medical Officer, Grand Rounds
Craig Carpenter is the chief executive officer at X1. Craig has 20 years of experience as a CEO, COO, CRO, CMO and general counsel in the eDiscovery, compliance and cybersecurity spaces.
Prior to X1, Craig was the CEO of Fronteo (NASDAQ: FTEO), before which he was SVP of sales at Kroll Ontrack until its acquisition by the Carlyle Group. Prior to Kroll Ontrack, Craig was CMO and then COO at AccessData, before which Craig spent seven years as the VP of marketing and business development and general counsel at Recommind prior to its acquisition by Open Text (NASDAQ: OTEX). Before Recommind, Craig ran global marketing and channel teams at Fortinet (NASDAQ: FTNT) prior to its IPO and at Mirapoint prior to its acquisition by Openwave (NASDAQ:SNCR).
Craig began his career as a practicing attorney at Ropers, Majeski, Kohn & Bentley in Silicon Valley. Craig has a JD and MBA from Santa Clara University and BAs in Political Science and History from UCLA where he played football and rowed crew.
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.