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.
Brij Sharma is the Co-founder and a Managing Partner at NTV. Brij has more than 25 years of experience as a successful entrepreneur and investor in the U.S., India, and GCC Region.
Brij founded Tela Sourcing, Inc., an outsourcing company focused on servicing the U.S. healthcare insurance market. Tela served more than 50 health insurance clients and was recognized by Gartner as one of the leading specialized company in healthcare services. Brij successfully sold Tela to TriZetto, Inc., a healthcare technology and solution company controlled by Apax Private Equity.
Most recently, through a joint venture with Davita Inc., Brij founded Express Clinics, a network of owned primary care and population health management centers in India. Davita is a Fortune 500 U.S.-based healthcare company. Ultimately, Brij provided a successful exit to Davita by purchasing their shareholding.
Brij is also the Founder of MDIndia, one of the largest third-party administrators of health insurance services in India. MDIndia manages more than 40 million lives, processes over $1 billion in premiums and provides healthcare access through a contracted national network of more than 4,500 hospitals and healthcare centers.
Brij has an MBA from Yale University and is an engineering graduate of the College of Engineering, Pune, India. Brij is an active investor and has ongoing involvement with ventures in the healthcare technology, outsourcing, and mobile commerce space. Brij has also been an advisor since 2010 to the $50 million Somerset Private Equity Fund, which is focused on healthcare investments in India.
Managing cash flow has become the top priority for financial professionals as their businesses have seen significant drops in cash flow, revenue and profits amid the COVID-19 pandemic, according to a new survey.
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.”
