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.
Michael Fryzel is a former NCUA Board chairman and is currently an attorney in Chicago.
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Albalushi is a principal at the RBL Group, a consulting company specializing in strategic HR, talent management and organizational alignment. He has over a decade of GCC (Gulf Corporation Council) experience in organizational transformation, business management and business analysis. He has worked in many sectors and industries including civil service, infrastructure, information technology, oil and energy, maritime and shipping, mining and metal, investment and management consultancy. Albalushi has significant experience as an internal HR manager and is well versed in many facets of human resources. He has helped several organizations implement and roll out their HRMS systems.
Kristen Rampe, CPA, is the managing partner of Rosenberg Associates. She is a nationally known consultant to CPA firms and a frequent speaker at practice management conferences. She specializes in helping small to mid-sized firms with partner compensation, partner agreements, buyouts, strategic planning and retreats, firm governance, and leadership development. She has co-authored four books along with Marc Rosenberg, CPA, including CPA Firm Management & Governance, CPA Firm Partner Retirement/Buyout Plans, What Really Makes CPA Firms Profitable?, and The Role of the Managing Partner. She spent 10 years in public practice with Big Four powerhouse PwC and top 50 ranked Frank Rimerman in San Francisco before founding her consulting practice in 2011 and merging with Marc Rosenberg in 2022. She was named Woman to Watch by the California Society of CPAs in 2011, 40 Under 40 by CPA Practice Advisor in 2015, and Top 100 Most Influential People in Accounting by Accounting Today for several years. Kristen holds an active CPA license with the state of California. She has been featured by Fortune and Investor's Business Daily. Kristen is a graduate of Butler University.
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.”
