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.
Alexander D. Weidner, CPA, CFE, is president at Rudler PSC, an independent accounting firm in the Greater Cincinnati area. Weidner is focused on strengthening Rudler's unique culture and evolving the firm to provide more value to clients. He started as an intern in 2007 and worked his way up to shareholder. He played an integral role in developing Rudler's Client Advisory Services department, which aims to create more value added services for clients. He likes to focus on nonprofits, closely held businesses and high-net worth individuals, and leverages his Certified Fraud Examiner designation to assist clients with fraud investigations and designing controls to reduce risk of fraud.
Ken Eyler is CEO of Aquilance (formerly My Accountant), which advises multi- and single-family offices and select business enterprises.
Previously, he spent more than a decade in a senior executive role and member of Arthur Bell, an international CPA and advisory firm focused exclusively on high net worth families and alternative investment vehicles. He serves on the boards of Argonne Trust Company and Sustainability Angels, a nonprofit focusing on environmental stewardship and luxury recycling.
Jennifer Harrity-Cantero, SEA, brings more than 20 years of business and marketing experience to her role as the leader for the Sensiba Center for Sustainability at Sensiba LLP. She leads the firm's core sustainability efforts as well as consults with small to medium size business clients assisting with their sustainability strategy. She led the firm's B Corporation certification process, resulting in SSF becoming the first California accounting firm certified as a B Corporation. In 2020, she launched the firm's Sensiba Center for Sustainability, to help companies move to a purpose-driven, sustainable business model that includes social and environmental performance, accountability, and transparency. Harrity-Cantero hosts the Rebooting Capitalism podcast that digs into why traditional capitalism is broken and what people are doing to fix it. She also as honored in 2021 by the San Francisco Business Times as one of the 100 Most Influential Women in Businesses. She received a dual bachelor's degree in graphic design and photography from California State University, East Bay. She also holds a diversity and inclusion certificate from Cornell University. She has been a member of the Association for Accounting Marketing for the past 10 years and has served on the board for the past several years. Outside of work, she enjoys CrossFit, kayaking, and spending time in the redwoods.
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.”
