Tax Tips: The ever-changing landscape of state treatment of PPP loan forgiveness
CARL GRASSI
Carl Grassi
As part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Paycheck Protection Program (PPP) provides loans to qualifying businesses impacted by the COVID-19 pandemic. Businesses that use PPP loan funds for certain qualified business expenses (for example, payroll costs, mortgage interest payments, rent and utilities) can receive partial or full forgiveness of PPP loans if certain requirements are met.
Usually, forgiven loan amounts are taxable for federal income tax purposes, but the CARES Act excludes the forgiveness of PPP loans from gross income on a federal level. The Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act) further provides that business expenses paid with forgiven loan proceeds are tax-deductible for federal income tax purposes.
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Overview
On December 27, the President signed into law the Consolidated Appropriations Act, 2021. The Act includes a roughly $900 billion COVID-19 relief package, known as the “Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act” (“Economic Aid Act”). The Economic Aid Act made available approximately $284.5 billion in new Paycheck Protection Program (“PPP”) funding and reopened the PPP for first- and second-draw loans on terms that are generally favorable to microbusinesses. The American Rescue Plan Act, which became law on March 11, allocates an additional $7.5 billion in funds to the PPP. The deadline to apply for a PPP loan under the American Rescue Plan Act was March 31, 2021. The PPP Extension Act of 2021, which became law on March 30, extends the PPP application deadline to May 31, 2021. The PPP Extension Act also provides an additional 30 days until June 30 for the SBA to finish processing applications received by the May 31 application deadline.