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.
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Sandra Wiley, the president of Boomer Consulting Inc., is ranked by Accounting Today as one of the 100 most influential people in accounting as a result of her prominent role as an industry expert on HR and training as well as influence as a management and planning consultant. She is a certified Kolbetrainer who advises firms on building balanced teams, managing employee conflict and hiring staff. Her Kolbe Index reveals her to be a visionary leader who is gifted with the ability to tackle emerging as well as future challenges. Wiley is regularly invited to speak at national conferences, and is a popular author who is frequently published by many trade journals including CPA Practice Management Report, Accounting Today, Accounting Web, The CPA Practice Management Forum, The CPA Report of South Carolina, Lagniappe of Louisiana and The Asset of Missouri Societies. She also contributes a regular column covering human resources to the Boomer Bulletin and penned an award winning marketing plan, Rebuilding the Community Bank, published by the Bank Marketing Association. Prior to joining Boomer, she worked for over 16 years in the financial services industry in the areas of human resources, marketing/sales, training, and business development. She has developed and presented over 50 training programs and numerous one-day seminars in human resources and marketing/sales. She was an officer of the American Institute of Banking. Wiley is a graduate of Friends University, in Wichita, Kansas, where she earned a bachelor's degree in Human Resource Management. She also graduated with honors from the University of Colorado School of Bank Marketing. She and her husband, Doug, make their home in Manhattan, Kansas. They have three children: Charlie, Deanna and Sarah.
Sandra Wiley, COO & Shareholder, is ranked by Accounting Today as one of the 100 most influential people in accounting as a result of her prominent role as an industry expert on HR and training as well as influence as a management and planning consultant. Sandra is a certified Kolbe trainer who advises firms on building balanced teams, managing employee conflict and hiring staff.Sandra directs Boomer Consulting, Inc.'s annual Talent Development Advantage and offers her services as co-director of the Performance3 Academy Program as well as the CEO Advantage. She has been in the Strategic Coach Entrepreneurial Team Program for over 10 years and is responsible for communicating its concepts to clients and the Boomer staff.Sandra is regularly invited to speak at national conferences where she empowers audiences with new ideas and a sense of humor.She is a popular author who is frequently published by many trade journals including CPA Practice Management Report, Accounting Today, Accounting Web, The CPA Practice Management Forum, The CPA Report of South Carolina, Lagniappe of Louisiana and The Asset of Missouri Societies. She also contributes a regular column covering human resources to the Boomer Bulletin and penned an award winning marketing plan, Rebuilding the Community Bank, published by the Bank Marketing Association.
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.”
