- December 24 (Thursday) – Closed
- December 25 (Friday) – Closed
- December 31 (Thursday) – Offices will close at 4:00 p.m. local time
- January 1 (Friday) – Closed
From our family to yours, we wish you a very Merry Christmas and prosperous New Year!
From our family to yours, we wish you a very Merry Christmas and prosperous New Year!
While it may not be the guidance that some borrowers were hoping for, the IRS released Rev. Rul. 2020-27, which holds that taxpayers should not deduct PPP funded expenses in the year the expense was paid or incurred regardless of whether the taxpayer has sought forgiveness on the loan. In addition, the IRS issued Rev. Proc. 2020-51, which provides flexibility on how taxpayers that are denied PPP forgiveness or forego PPP forgiveness can deduct PPP funded expenses.
Under the revenue ruling guidance, PPP borrowers obtained PPP loans with the expectation of reimbursement. In other contexts, this expectation of reimbursement is sufficient enough to disallow a deduction, and the revenue ruling holds this logic is similar for PPP expenses. For example, a law firm advancing funds to clients to be repaid upon a successful outcome has been denied the ability to claim a deduction for the expenses paid with the advance as the advances really operate as loans. Another example is when an expense is paid or incurred for which the taxpayer has received prior authorization to incur such expense.
In addition, the ruling holds that PPP expenses would also be considered nondeductible as a result of an allocation to tax-exempt income. The Service states it does not matter whether loan forgiveness is obtained prior to year-end as expenses are allocable to tax-exempt income regardless of whether such tax-exempt income is received or not.
The above ruling will have a particularly unwelcome effect on taxpayers who claim an R&D credit. Losing the ability to deduct a research expense (because of PPP loan forgiveness) means that the expenditures will not be eligible to be treated as a section 174 expense or included into an R&D credit claim. There was optimism that forgiveness in a subsequent year might allow such a deduction and R&D credit claim in the current tax year, but Rev. Rul. 2020-27 makes it clear that is not the case. Similarly, the non-deductibility of wages will have an impact on 199A deduction limitations.
Perhaps surprising to some PPP borrowers is that the IRS does not distinguish its guidance based upon the size of the loan. As many borrowers are acutely aware, SBA is starting to issue requests to complete a loan necessity questionnaire, which is causing concern with borrowers due to the nature of questions being asked.
The IRS also released a revenue procedure which provides a safe harbor as to how a PPP borrower is to recover a disallowed deduction. Under this safe harbor, a PPP borrower that has its loan forgiveness denied, in whole or in part, or forgoes seeking loan forgiveness can recover the deduction as follows:
1. On the 2020, taxable year timely filed (including extensions) original income tax return.
2. Through an amended 2020 taxable year income tax return or AAR adjustment, as applicable.
3. On the income tax return in a year subsequent to the 2020 taxable year.
A statement is required for the safe harbor should a borrower need to avail itself of the revenue procedure.
Overall, the nondeductibility of expenses paid with PPP forgiven funds is a controversial subject as many feel Congress intended the expenses to be deductible. As borrowers wait for Congressional action to fix the deductibility issue, at least there is now authoritative guidance for borrowers to rely upon as to the timing of nondeductibility.
More details can be found in the Forbes article, IRS Crushes Hopes Of Deducting PPP-Paid Expenses Before Forgiveness Approval; But Questions Remain, written by Tony Nitti
Congratulations to all our employees that were promoted to Supervisor at our recent State of the Firm!
From left to right, A&A Department: Jessica Gesselman, Drew Zuckerman, Laura Boden, Mitchell Meurer. Tax Department: Adam Caldwell, Esme Allen, Diane Claybon, Seth Ferguson, Susan Theising. Outsourcing Department, Client Accounting Implementation Expert: Jeremy Wann. Marketing Department: Senior Marketing Coordinator: Leslie Wight.
This year has been anything but typical as we have seen numerous challenges due to the coronavirus pandemic. One thing, however, remains the same: our dedicated team members. In appreciation for their hard work and dedication–especially those who have been present in the offices each day during this extended “tax season”–we will be closing our HSC offices for the day on October 16th. The offices will re-open at 8:00 a.m. local time on Monday, October 19th.
The FASB on June 3, 2020, published a new accounting standard that grants a one-year delay on leases and revenue recognition accounting rules for a subset of companies, many of which lack resources and are pressed by work constraints brought on by the coronavirus crisis.
The board issued Accounting Standards Update (ASU) No. 2020-05, Revenue from Contracts with Customers (Topic 606) and Leases (Topic 842): Effective Dates for Certain Entities, to defer two standards: ASU. 2014-09, Revenue from Contracts with Customers (Topic 606), for privately owned companies and nonprofits that have not yet adopted the standard, and ASU No. 2016-12, Leases (Topic 842) for all private companies, private not-for-profit organizations, and public nonprofits that have not yet adopted the rules. The standards are two of the most substantial accounting changes to hit the U.S. marketplace in decades.
Under the deferral, private companies and not-for-profit organizations that qualify can choose to apply Topic 606, Revenue from Contracts with Customers, to annual reporting periods beginning after December 15, 2019, and interim reporting periods within annual reporting periods beginning after December 15, 2020.
For leases rules, private companies and private not-for-profit organizations can apply the standard to fiscal years beginning after December 15, 2021, and to interim periods within fiscal years beginning after December 15, 2022. Public not-for-profit organizations that have not yet issued (or made available to issue) financial statements reflecting the adoption of the leases guidance can apply the standard to fiscal years beginning after December 15, 2019, including interim periods within those fiscal years.
The date delays are optional. Earlier adoption is allowed.
For more information please contact Greg Elpers, CPA at email@example.com
WASHINGTON – To further meet the needs of U.S. small businesses and non-profits, the U.S. Small Business Administration reopened the Economic Injury Disaster Loan (EIDL) and EIDL Advance program portal to all eligible applicants experiencing economic impacts due to COVID-19 today.
“The SBA is strongly committed to working around the clock, providing dedicated emergency assistance to the small businesses and non-profits that are facing economic disruption due to the COVID-19 impact. With the reopening of the EIDL assistance and EIDL Advance application portal to all new applicants, additional small businesses and non-profits will be able to receive these long-term, low interest loans and emergency grants – reducing the economic impacts for their businesses, employees and communities they support,” said SBA Administrator Jovita Carranza. “Since EIDL assistance due to the pandemic first became available to small businesses located in every state and territory, SBA has worked to provide the greatest amount of emergency economic relief possible. To meet the unprecedented need, the SBA has made numerous improvements to the application and loan closing process, including deploying new technology and automated tools.”
SBA’s EIDL program offers long-term, low interest assistance for a small business or non-profit. These loans can provide vital economic support to help alleviate temporary loss of revenue. EIDL assistance can be used to cover payroll and inventory, pay debt or fund other expenses. Additionally, the EIDL Advance will provide up to $10,000 ($1,000 per employee) of emergency economic relief to businesses that are currently experiencing temporary difficulties, and these emergency grants do not have to be repaid.
SBA’s COVID-19 Economic Injury Disaster Loan (EIDL) and EIDL Advance
For additional information, please visit the SBA disaster assistance website at SBA.gov/Disaster.
Washington—Today, the U.S. Small Business Administration (SBA), in consultation with the Department of the Treasury, posted a revised, borrower-friendly Paycheck Protection Program (PPP) loan forgiveness application implementing the PPP Flexibility Act of 2020, signed into law by President Trump on June 5, 2020. In addition to revising the full forgiveness application, SBA also published a new EZ version of the forgiveness application that applies to borrowers who:
The EZ application requires fewer calculations and less documentation for eligible borrowers. Details regarding the applicability of these provisions are available in the instructions to the new EZ application form.
Both applications give borrowers the option of using the original 8-week covered period (if their loan was made before June 5, 2020) or an extended 24-week covered period. These changes will result in a more efficient process and make it easier for businesses to realize full forgiveness of their PPP loan.
For more information, please contact Scott Touro, MBA at firstname.lastname@example.org.