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.
Butler, MS, MCHES, is the senior wellness program management consultant at SelectHealth. His career in healthcare and health promotion spans over four decades, including 17 years of hospital-based experience at Intermountain Healthcare's LDS Hospital and 24 years working with Intermountain Healthcare’s SelectHealth. Butler was manager of health promotion services at SelectHealth from 1992-2002 and pioneered initiatives to develop and implement health promotion and disease management programs that were integrated with SelectHealth insurance products. He has a bachelor’s degree in health and physical education and earned his master’s degree in rehabilitation counseling psychology from the University of Utah. He is also a Master Certified Health Education Specialist.
Groppel, Ph.D., is the co-founder of the Johnson & Johnson Human Performance Institute. He is an internationally recognized authority and pioneer in the science of human performance and co-chair of the newly formed Global Alliance for Health & Performance. Dr. Groppel currently serves on an academic appointment as Professor of Kinesiology & Community Health at the University of Illinois @ Urbana-Champaign, and served as an Adjunct Professor of Management at the J.L. Kellogg School of Management at Northwestern University for several years. Dr. Groppel has addressed the issue of worksite wellness and performance at such policy events as the United Nations Side Event for Physical Activity and Non-Communicable Disease, a U.S. Congressional Briefing on Worksite Health Promotion, and represented the worksite wellness industry at the historic Surgeon General’s Call to Action on Walking and Walkable Communities.
Jon Baron is managing director of the professional segment of the tax and accounting business of Thomson Reuters, which he joined in 1992. Prior to his current position, he served as president of professional software and services, and vice president of development, where he was responsible for the design and development of all professional products and services. He holds a BBA in Accounting from Siena College and an MBA from Boston 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.”
