11/23/2020
Update: IRS adds a new (and final?) verse to PPP forgiveness on November 18
IRS released Revenue Ruling 2020-27 on November 18, which would appear to put the matter of deductible vs non-deductible expenses paid with government funds to rest, at least until Congress takes additional action. The Revenue Ruling uses the language of “reasonably expect” regarding PPP loan forgiveness. By that statement, the ruling concludes, if a borrower reasonably expects to receive PPP loan forgiveness, then the expenses paid with anticipated tax-free PPP proceeds are not tax-deductible. The accompanying press release from Treasury encourages borrowers to file for forgiveness sooner than later. Perhaps the reality of PPP loan forgiveness can be known by the borrower before year-end.
In conjunction with Revenue Ruling 2020-27, the IRS issued guidance in Revenue Procedure 2020-51, which includes a safe harbor provision for taxpayer borrowers. The safe harbor rules permit a taxpayer to claim deductions for expenses paid with PPP loan proceeds and initially left off the 2020 return because the borrower anticipated the PPP loan would be forgiven. When the loan forgiveness is finalized, and the borrower learns that loan forgiveness is not granted for all or part of the PPP borrowing (or if the borrower decided not to request forgiveness), the safe harbor permits a taxpayer to claim the previously omitted PPP related expenses on a 2020 return not yet filed, an amended 2020 return, or in 2021 if not claimed on the 2020 filing.
The purpose is to allow taxpayers to deduct expenses either in 2020 or 2021 when they discover their expenses were not paid in whole or part with tax-free money (the part of the PPP loan not forgiven or requested to be forgiven).
The key here continues to be the IRS position that expenses are not deductible when paid with tax-free dollars. Forgiven PPP proceeds are tax-free dollars, in the opinion of the IRS. Another item worth noting is that taxpayer borrowers can only deduct expenses equal to the amount of PPP borrowing not forgiven in the event of partial forgiveness.
Taxpayer borrowers applying the safe harbor provision must attach a statement to what they are doing by following the instructions outlined in the Rev. Proc