The Roller-Coaster Ride is Over: IRS Loses Battle to Render PPP Business Deductions Non-Deductible
By: Lynn K. Ching Many small businesses received a loan in 2020 under the (CARES Act) SBA Paycheck Protection Program (“PPP”). Under the CARES Act, the PPP loan proceeds are eligible for forgiveness, if used to pay (1) payroll costs, (2) certain employee benefits relating to healthcare, (3) interest on mortgage obligations, (4) rent, (5) utilities, and (6) interest on any other existing debt obligations, during the ‘covered period’. The CARES Act also excludes forgiven PPP loan proceeds from taxable income. However, the CARES Act did not specifically address whether business expenses paid with a (forgivable) PPP loan may be deducted on a taxpayer’s federal tax return. Federal Not missing a beat, in May 2020, the IRS issued Notice 2020-32, which stated that no deduction is allowed if its payment…