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.
Sophia Yen is a Senior Principal at EY and the Strategy & Innovation Leader in the Insurance Consulting practice, focused on working with clients to drive profitable growth through strategic ventures, market trends & insights, innovation, and digitization and emerging technologies. She also serves on the EY Americas Insurance Leadership team.
Sophia has over 20 years of experience in the insurance industry with deep experience in reinsurance, insurance, banking, disruptive technologies and digital transformation. She has led global initiatives focusing on growth, M&A integrations and separations, integrated business and financial strategy planning, and streamlining target operating models.
Sophia has a unique combination of industry and consulting experiences as she started in consulting and then spent half of her career in the insurance and banking industry before returning to consulting. Some of her notable accomplishments included driving the transformation at UBS Investment Bank where she achieved more than 30 million in cost savings. Prior to UBS, she was at Swiss Re and held several senior leadership roles, including running their Americas Client Solutions team, SVP of Financial Services Origination, Chief of Staff to the CEO and COO and Head of Operations and Reporting, where she was responsible for the strategic financial planning, reporting, and operations of a $2.5+ billion portfolio and was a member of the Americas Executive Committee.
She holds an MBA from Columbia Business School and a Bachelor of Science (dual major: Finance & Computer Science) from Boston College and graduated both with high honors. She is a sought-after speaker at industry conferences throughout the Americas, EMEIA, and Asia on such topics as strategic transformation, digital transformation, enabling innovation, culture change, and diversity & inclusion. Sophia lives in Chappaqua, NY with her husband and daughter.
With the filing season upon us, a raft of brand new challenges await ahead of the April 15 deadline.
President-elect Joe Biden will seek a deal with Republicans on another round of COVID-19 relief, rather than attempting to ram a package through without their support, according to two people familiar with the matter.
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.”
