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.
Bill Curtis, CPA, is partner-in-charge of the Birmingham office of Mauldin & Jenkins CPAs & Advisors and leads the firm’s efforts in Alabama. He joined Mauldin & Jenkins in 2004, after working for AmSouth Bank and Cade and Associates. He has over 15 years of auditing and consulting experience. As a partner in the firm’s Financial Institutions practice, Curtis specializes in opinion audits and tax services for private as well as SEC registered companies, internal control opinion audits, and internal audits, and benefit plan audits. In addition to serving his financial institution clients, Curtis is responsible for auditing numerous 401(k) and employee stock ownership plans (ESOPs). He serves on the firm’s Leadership and Career Development Committee and LEAP Conference Committee. Curtis is a CPA in the states of Alabama and Georgia. He is a member of the American Institute of CPAs, the Alabama Society of CPAs, the Georgia Society of CPAs, Birmingham Young CPAs, Alabama Banking School faculty, and he serves on the board of directors for Community Kitchens of Birmingham.
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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.