The Internal Revenue Service will allow businesses that got their Paycheck Protection Program loans forgiven to write off expenses paid for with that money, shifting policy after Congress passed new legislation last month.
IRS guidance issued on Wednesday overrides previous rules that recipients of PPP loans that had been forgiven couldn’t claim deductions for the wages, rent, utilities and other expenses covered by the loans. The change came after a bipartisan move in Congress to clarify that business owners should be eligible for those tax breaks.
Sammy is the founder and CEO of YuLife, a tech-driven insurance company on a mission to inspire life by providing group insurance, wellbeing, and rewards in one simple app. He originally built Policy Portfolio plc, the first market maker in traded endowments and led the flotation of the company on the full London Stock Exchange. He then went on to become the founding CEO of PruProtect (now VitalityLife), which was the first life insurance company in the UK to reward healthy living. Sammy holds a degree in computer science from Imperial College London.
A 37-year insurance industry veteran and a leader in the cyber insurance field, Keith Savino is the National Cyber Practice Leader with PCF Insurance Services, as well as a Principal and Managing Partner with Broadfield Insurance. Keith is an active member with various organizations, including a member of the Leaders Council for the Association of User Group Information Exchange (AUGIE), past President for the National Association of Professional Insurance Agents, former Board of Director for ACORD, former Chair for NetVU, Advisory Board member for Certificial, former Advisory Board for IVANs, plus many other organizations.
Peter McMurtrie is a partner of the insurance practice for West Monroe, a global business and technology consulting firm. Peter has C-suite experience across a variety of insurance disciplines including sales, marketing, claims, customer interactions, and subsidiary oversight—including extensive interaction with and presentations to boards of directors. His three decades of experience covers all types of insurance—from core product lines of personal and commercial Insurance to ancillary lines like accident and health, pet, travel, and medical stop loss products. Peter joined West Monroe from Nationwide Insurance, where he was president of Property & Casualty Commercial Insurance.
The recent stimulus legislation updated the CARES Act passed in March to “say that no deduction is denied, no tax attribute is reduced, and no basis increase is denied by reason of the exclusion from gross income of the forgiveness of an eligible recipient’s covered loan,” the IRS said in a statement.
The change is widely regarded as a victory for small businesses, which can use tax-free money to generate more breaks, something that’s typically prohibited under the Tax Code. Lawmakers said allowing the deductions was necessary to keep small businesses afloat amid waves of restrictions and weakened consumer spending resulting from the coronavirus pandemic.
Some firms could pay a negative tax rate on their PPP money — meaning the tax benefits outweigh the amount of their loan. For business owners paying the top tax rate, it generally means they could save as much as $37 on their taxes for every $100 of tax-free PPP money they received.
The new guidance from the IRS stretches the money received from the government even further, said Lisa Zarlenga, a partner at law firm Steptoe & Johnson.
“The PPP loan proceeds are free, if they’re forgiven, effectively — so it’s a good benefit,” Zarlenga said.
Many small businesses expected to be able to claim the deductions based on the original CARES Act language, said Andrew Gibson, a managing partner at accounting firm BDO. Lawmakers made it clear that their intent was for companies to claim the deductions after the IRS said that they wouldn’t allow the tax breaks, he said. But IRS officials said they couldn’t update their guidance based on intent — they needed a law change, so the issue sat unresolved for months until it was included in the December stimulus legislation.
The delay in resolving the deductibility issue has created some problems for small businesses, said Michael Greenwald, a business tax leader at accounting firm Friedman. Other tax breaks — such as the 20 percent pass-through deduction, the R&D credit and the New Markets tax credit — interact with the expense write-offs, meaning that businesses are rushing to determine whether they can still qualify for other tax benefits they usually claim.
“Clients were clearly relieved when Congress passed this, but the other side of that coin is that they were unaware of the nuances,” Greenwald said. “When we tell them about those, it’s as if we are taking away their Christmas present.”
The $2.3 trillion bill providing COVID-19 relief and government funding for the fiscal year into 2021 includes $284 billion in additional funding for PPP loans, which were designed to limit a wave of small-business failures that could cripple the economy. The plan lets some businesses apply for a second round of funding if they can show losses during the pandemic. Deductions are allowed on second-round loans as well.