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.
For more than 20 years, Stephanie has brought her passion for employee wellness to industries of all sizes. Her attention to aligning mental and physical health brought forth a much-needed alignment of wellness and Employee Assistance Program (EAP) services for the clients she has served. She combines fourteen years of EAP experience with a background in Human Resources, coaching and wellness program operations.
Stephanie is a Duquesne University graduate with a Bachelor of Science in Organization Behavior and Leadership, she holds a certificate in Human Resources Management from Robert Morris University and holds a number of wellness certifications, including a Holistic Fitness Specialist and Lifestyle Wellness Coaching certification from NETA and Certified Corporate Wellness Coach (CCWC) from The Spencer Institute. Stephanie has conducted hundreds of speaking engagements and presently serves as the Director of Wellness for AllOne Health.
Michele Harbaugh has been a human resource professional for more than 20 years and currently manages health and benefits for Yoga Joint, which operates eight yoga studios across South Florida. Michele's professional dream is for employees to see human resources as a tool for them, not the dreaded "principal's office". She does this through actively engaging the team, having open and honest conversations, and interpreting policies into everyday language. She is on a mission to put the human back in human resources, help employees thrive at their workplace, and contribute to the company's overall growth.
Dr. Dave Rengachary is Senior Vice President and Head of Underwriting for U.S. Mortality Markets at RGA Reinsurance Company, where he has served instrumental roles in setting the risk philosophy for the department, oversight of US Manual development, leadership roles across numerous USMM underwriting initiatives and regulatory engagements. He previously served as Chief Medical Director for RGA
Prior to joining RGA in 2013, he was a general neurologist in practice at Missouri Baptist Medical Center where he also served as medical director for their Primary Stroke Center. Dr. Rengachary attended the Honors Program in Medical Education at Northwestern University. He then completed an adult neurology residency at Washington University followed by a fellowship in Clinical Neurophysiology. He serves on the board of directors of Memory Home Care Solutions and Oasis, non-profit organizations respectively dedicated to Alzheimer's caregiver support and healthy aging. He has obtained board certification in neurology, insurance medicine, FALU, and FLMI. Dr. Rengachary recently received his executive M.B.A. through the program at the Olin Business School at Washington University.
In 2021 Dr. Rengachary accepted a position as chair of ACLI's Risk Classification Committee. He is Past-President of the Midwestern Medical Directors Association; current Deputy Director of the Longer Life Foundation; Medical Consultant for the Academy of Life Underwriting; and a past member
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.”
