The Internal Revenue Service and the Treasury Department released guidance Wednesday on claiming deductions for expenses associated with Paycheck Protection Program loans that have been forgiven.
The guidance in Revenue Ruling 2021-02 also reverses previous guidance issued last year by the IRS and the Treasury when Treasury Secretary Steven Mnuchin fiercely opposed the ability to deduct expenses related to forgiveness of PPP loans. Industry groups, including the American Institute of CPAs, lobbied for the ability to write off such expenses, arguing it would help struggling businesses and was in line with congressional intent when the CARES Act was passed last year setting up the PPP loans as a way to get money quickly into the hands of desperate business owners. The latest coronavirus relief bill included a provision that allows the expenses to be deductible and revives the PPP with a fresh round of $284 billion in funding. It will allow expenses related to seeking forgiveness of the Small Business Administration-backed loans to be deducted by businesses that received the loans, so businesses will be able to engage accountants to help with the task of applying for PPP loan forgiveness.
Wednesday’s revenue ruling reflects some of the changes to the tax laws that were included in the COVID-related Tax Relief Act of 2020, which was enacted as part of the Consolidated Appropriations Act of 2021, signed into law on Dec. 27, 2020. The COVID-related Tax Relief Act of 2020 amended the CARES Act to specify that no deduction would be denied, no tax attribute would be reduced, and no basis increase would be denied by reason of the exclusion from gross income of the forgiveness of an eligible recipient’s covered loan. The change applies for tax years ending after March 27, 2020.
Dave Sikora is a technology industry veteran with more than 20 years of experience that spans enterprise software, data intelligence, private equity, mobile applications and supply chain solutions. As chief executive officer at ALTR, he is focused on expanding the ways enterprise companies can leverage blockchain technology to reduce threats to data integrity. He holds an MBA from Harvard Business School and serves as a strategic advisor to startups in the Austin tech market.
Martin Fiore is EY Americas vice chair of tax.
Brendan Miller is a principal analyst at Forrester Researching, serving digital business professionals. His research focuses on retail digital transformation, consumer insights, payments, and eCommerce trends in the age of the customer. Brendan has specific expertise in helping retail leaders understand the opportunity derived from payments as well as the vendors that facilitate the delivery of leading digital experiences. His interests include emerging digital payments, rebuilding checkout experiences for our mobile world, retailer security and risk challenges, and insights into the state of the digital shopper.
Brendan’s research and analysis have been widely cited in publications including The New York Times, USA Today, Bloomberg, Fortune, Barron’s, CNBC, as well as NPR, The Los Angeles Times, and Financial Times.
Previous Work Experience
Prior to Forrester, Brendan spent 20 years as a B2C and B2B marketer, spanning technology, services, retail, CPG, and durable goods. Most recently, he led product marketing duties at payment firms, such as First Data, Mercury, and Vantiv. Prior to working in payments, he held B2C marketing leadership roles at Pulte Group and Graham Advertising (a leading automotive advertising agency), and he was also a managing director of a market research and strategy firm.
Education
Brendan holds a BBA in marketing/management from Northwood University in Midland, Michigan, as well as an MBA from the University of Denver, Daniels College of Business.
The new revenue ruling thus obsoletes the old guidance from the IRS and the Treasury last year in Notice 2020-32 and Revenue Ruling 2020-27, which said the PPP loan forgiveness expenses couldn’t be deducted. The obsoleted guidance disallowed deductions for the payment of eligible expenses when the payments resulted (or could be expected to result) in forgiveness of a covered loan, but that has been changed now in the new guidance.
“This law uncategorically says that all expenses that were paid to meet the requirements of having the PPP loans forgiven are now deductible,” said Evan Morgan, director of tax services at Kaufman Rossin, which does tax and accounting work for many professional services clients, including law firms and doctors’ offices. “That’s a very big deal, particularly because they weren’t sure how to plan for this because professional services firms are a little bit different than normal entities in that they like to pay out all of their profits in the form of salaries prior to the end of the year.”
Howard Wagner, a partner in the Washington national tax practice at Crowe, believes the IRS and the Treasury took the correct position last year on nondeductibility of PPP loan forgiveness expenses, but acknowledged it was politically unpopular and didn’t survive. However, there may be some extra complexity in accounting for the reversal on financial statements. “The interesting thing on the PPP is because the Service had said they were nondeductible, you had to account for them in your provision as if they were nondeductible,” he said. “And now you have to go back and adjust your provision for the fact that they will be deductible. That impacts the tax rate and that impacts your financial statement tax provision.”
