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.
James Jack is the Executive Director and Head of the Business Owners Client Segment at UBS.
Aaron Lindstrom is the Regional Head of Transformation and Digital Partnerships for Allianz Trade in Americas, the world's largest and oldest provider of trade credit insurance. In his current role, Lindstrom is responsible for the execution of Allianz Trades' ambitious strategy to fundamentally transform the company for success in the digital era. He also drives the Region's digital partnerships by actively facilitating current and new partnership opportunities, and evolving current product offerings to serve market needs. In addition to the day-to-day responsibilities of his role, Lindstrom serves as a founding member for Allianz Trade's American Diversity & Inclusion Committee.
Lindstrom has 10 years of experience in the insurance industry. He joined Allianz Trade in 2012, serving as Sales Agent, then later Senior Sales Agent. Prior to joining the organization, he held positions with Enterprise Fleet Management and Enterprise Rent-A-Car.
Lindstrom has vast experience speaking at both regional and national events for organizations such as, The Risk Management Association, The National Association of Credit Managers, Washington Business Week, and The Associated Builders and Contractors. He is active in several regional trade organizations and frequently networks with startups and fintechs to stay up-to-date on the innovation of the trade credit insurance industry.
In his spare time, Lindstrom enjoys volunteering with organizations like Washington Trails Association and North Helpline. In the past, he has served on the boards of numerous non-profit organizations. When not hard at work for Allianz Trade or volunteering, Lindstrom enjoys traveling, camping, hiking and snow skiing.
Paul Williams is VP of Business Development at HONK Technologies, an on-demand automotive mobility services company. He has previously held a number of senior positions in vehicle salvage and recycling companies, including Newell Recycling Southeast, Aviva and Bluecycle.
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.”
