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.
Smadar Rinat, CPA, CFE, is a principal in the international and audit and accounting departments of Prager Metis CPAs, a member of Prager Metis International Group. She has over 25 years of experience in the accounting industry. She specializes in providing audit, review, compilation, and accounting services to clients in a wide range of industries, including media and entertainment, technology, not-for-profit, professional services, manufacturing and distribution, and real estate. She is also the leader of the firm's Israel group. In this role, she offers financial and business strategy consultancy to Israeli companies working in or looking to develop operations in the U.S., as well as domestic companies interested in expanding their businesses into Israel.
Mark S. Bonta is the Executive Director of the Recovery Jobs Foundation, an initiative focused on reintegrating individuals in recovery into the workforce. With 20 years of experience as a Plant Director and 6 years of experience as a recovery-friendly employer, he pioneered the New Hampshire Recovery Friendly Workplace Initiative (NH-RFWI) as one of the first RFW's in the nation. Mark's leadership has been recognized with several awards, including the 2022 Littleton Area Chamber of Commerce Citizen of the Year Award and the 2023 White Mountains Community College President's Community Partner Award. Currently formalizing the Recovery Jobs Foundation, he also serves on the NH-RFWI Advisory Council, and as Secretary of the Florida Recovery-Friendly Workplace Coalition.
Alex Konanykhin is the co-founder and CEO of Unicoin.
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.”
