california ppp loan forgiveness spidell

1577, 2019-2020 REG. OTQyYWYwNjA5N2Y5ZTg1YTcwMGMzNTUyNjE3NjcyYWIzNzk2NzI3OGM4MzM1 1577), Laws 2020. CFOs are more optimistic about the U.S. economy, according to Grant Thorntons 2022 Q4 survey, as they push for growth while being judicious about costs. On June 30, 2022, AB 194 was enacted which allowed an income exclusion for covered loan amounts forgiven pursuant to the Paycheck Protection Program Extension Act of 2021 (PPPEA) (Public Law 117-6). A diversity, equity and inclusion video series. The agreement also partially conforms California tax law to new federal tax treatment for loans provided through the Paycheck Protection Plan, allowing companies to deduct up to $150,000 in expenses covered by the PPP loan. Friday, September 25th, 2020. 80), Laws 2021. (209) 527-4247 (fax). The agreement incorporates the Governors Golden State Stimulus plan to assist California households that have borne the disproportionate economic burden of the COVID-19 Recession those with incomes below $30,000, as well as those unfairly excluded from previous federal stimulus payments. REV. You can also read the documentation to learn about Wordfence's blocking tools, or visit wordfence.com to learn more about Wordfence. 80, California Assembly, April 15, 2021. 15 See e.g., I.R.C. OTc5MjdiOWVmNjcwMzYzYTRjZjhmOWI1YmQzZDczMDNkYzZmYjk2Mzk2ZWJi 229 0 obj <>/Filter/FlateDecode/ID[<53445A688FC0F84BB5871A6886EB3172>]/Index[211 40]/Length 93/Prev 93697/Root 212 0 R/Size 251/Type/XRef/W[1 3 1]>>stream Copyright 2023 BDO USA LLP. If you are interested in the topics presented herein, we encourage you to contact us or an independent tax professional to discuss their potential application to your particular situation. 1557 to provide some relief.6, On March 27, 2020, the federal government enacted the CARES Act in response to the COVID-19 pandemic.7 Sections 1102 and 1106 of the CARES Act amend section 7(a) of the Small Business Act to create the PPP, through which up to $349 billion in funding was provided to businesses through federally guaranteed loans. As a result, it provided no California tax relief for fiscal year taxpayers whose tax year began before January 1, 2020, but who obtained a PPP loan after January 1, 2020. Cybersecurity can never rest. The payments will be provided to these households shortly after they file their 2020 tax returns. ODE0ZjA1OTZlMmYzNGViM2E4NWJiYTMwNzQ0N2I2YmVhZTE1MDVlNWJjOTJk The alerts provide a brief summary of specific multistate developments relevant to taxpayers, tax professionals, and other interested persons. You can count on us to prioritize and complete work to the best of our ability based on these changes. A.B. SBA Forgiveness Portal. 7 Ch. Mr. Grossman specializes as a subject matter expert in California Corporation Income or Franchise Tax matters. The agreement adds just over $400 million in new federal funds that will provide stipends of $525 per enrolled child for all state-subsidized child care and preschool providers serving approximately 400,000 children in subsidized care statewide. Drivers, key risks and opportunities from our leaders and Nareits senior v.p. Emergency Financial Relief to Support Community College Students. Contact Grant Thornton LLP or other tax professionals prior to taking any action based upon this information. Notice 2020-32 (available here). 80, deductions for expenses paid using PPP loan proceeds are allowed even when the loan is forgiven provided the taxpayer is not an ineligible entity. Under the legislation, an ineligible entity is a taxpayer that either: (i) is a publicly-traded company; or (ii) does not experience a 25% reduction in gross receipts in an applicable quarter of 2020 as compared to the same quarter in 2019.2, The PPP was created as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which provides forgivable business loans when the recipient meets certain eligibility criteria.3 Under the PPP, qualifying borrowers can apply to have some (or all) of their loan forgiven to the extent it was used for certain expenses such as rent, utilities, mortgage payments, and employee payroll. Please search again using different keywords and/or filters. 636(a)(37)(A)(iv)(I)(bb). ZTI5MDAwNDczOWI5MWMxY2RlNWVhNzcyY2Q3OWVmNmI2N2Y2ODEyZmM1NTYz MmU1MjhmZWM1MzQxMzcyYmQyMmE2NGRlNTRlOGU3NDgxZjAyMDVlYmY2Mjk2 1577 added new corporate and income tax statutes providing that [a]ny credit or deduction otherwise allowed under this part for any amount paid or incurred by the taxpayer upon which this exclusion is based shall be reduced by the amount of the exclusion allowed under this section.8, A.B. NmIyNjRmZjA0MDdkNzU5Y2IwOGU3MjMzZTk5MTBkNmQwYTY0OTQ3YTg3ODc1 If your forgiven loan relates to an RRF, you are not required to meet these qualifications to deduct expenses. No Results Found. Below are key provisions of the Immediate Action Agreement: Direct Relief to Individuals and Families. 4 See P.L. Social login not available on Microsoft Edge browser at this time. MDNjMzZlZmIzYWQ3NjYxMjhiZjg0Y2U1MzE0MjUyMjBhNWEwMzJlYzUwZjc0 hbbd```b``Z " e1} Dl` ,r`BD* - hcHh]bo O>? Read about their experiences and a few lessons learned along the way. Tax laws are ever-changing, which is why you need proficient tax professionals working with you and your business to ensure you are in compliance with the current tax laws. YjA1NTM0ZGYzOWRkOTM0Yjg0MTQ3Mzc5MzhlNzQ1Y2UwOTA0Y2ZlODFkZjdi Credit: Spidell Tax, Analysis, and Education, 200 West Roseburg Avenue Modesto, CA 95350, (209) 527-4220 (phone) On September 9, 2020, Californias Governor Newsom signed Assembly Bill 1577 (A.B. YjNiOTAxNmNjNzdiZTlhZGIxNjNmYmViOWVmYThmZWI3YTRmMzM0ZmZiNjBj 1557 generally conforms California to federal law allowing an exclusion from gross income for covered Paycheck Protection Program (PPP) loans that are forgiven as a part of the federal Coronavirus Aid, Relief, and Economic . 6 P.L. Do not delete! AB 80 conformity only applies to the exclusion from income for PPP loan forgiveness and EIDL advance grants. The agreement provides for two years of fee relief for roughly 59,000 restaurants and bars licensed through the states Department of Alcoholic Beverage Control that can range annually from $455 to $1,235. & TAX. GTIL and each member firm of GTIL is a separate legal entity. Furthermore, to the extent a taxpayer is an ineligible entity, it may be faced with difficult questions regarding how to treat deductions for expenses paid in 2020 that later become disallowed upon loan forgiveness occurring in a different tax year (e.g., the expense occurs in 2020 but becomes disallowed upon PPP loan forgiveness occurring in 2021). 5 INCOME TAXES: FEDERAL CARES ACT: GROSS INCOME: LOAN FORGIVENESS, JULY 8, 2020 (available here). You can outsource cybersecurity, but you can't outsource your risks. eyJtZXNzYWdlIjoiNWIzZGU0MDczYTM5MDRlMGI1ZTJmM2QxOGExOTlmZjY0 You meet the 25% gross receipts reduction qualifications. GTIL is a nonpracticing umbrella entity organized as a private company limited by guarantee incorporated in England and Wales. However, they were amended to apply to taxable years beginning on or after January 1, 2019. If you do not qualify for deductions under AB 80, California follows the Rev. Californians have been hurting. It does not apply to SBA subsidies paid on SBA loans, Shuttered Venue Operator Grants, or Restaurant Revitalization Grants. Partner, State and Local Tax West Region Leader. Our audits ensure confidence in our clients financial information. This measure is part of Californias effort to recover now that the pandemic is easing, state restrictions are lifting, and businesses are moving back towards full operations. All Rights Reserved. April 29, 2021 Governor Gavin Newsom has signed Assembly Bill 80, to amend the law. An additional $310 billion of PPP loan funding was subsequently provided by the federal Paycheck Protection Program and Health Care Enhancement Act (P.L. of research and economic analysis. 1577 disallows a credit or deduction for Loan Forgiveness Eligible Expenses to the extent of the Forgiven Loan Amount. Additional Aid for Individuals and Families. We do not control the destination site and cannot accept any responsibility for its contents, links, or offers. If you have questions regarding A.B. If you are interested in the topics presented herein, we encourage you to contact us or an independent tax professional to discuss their potential application to your particular situation. On June 30, 2022, AB 194 was enacted which allowed an income exclusion for covered loan amounts forgiven pursuant to the Paycheck Protection Program Extension Act of 2021 (PPPEA)(Public Law 117-6). These external alerts highlight selected developments involving state tax legislative, judicial, and administrative matters. Find out how the technology, banking and asset management sectors are adapting their strategies to handle todays threats. All businesses that took out loans of $150,000 or less would be able to maximize their deduction for state purposes. REV. 21-17) does not apply to either first- or second-draw loans received after March 31, 2021. %PDF-1.6 % Our goal is to provide a good web experience for all visitors. 13 See I.R.C. Mjg2ZDhmNTczMDFhNjc3MjY1YjcxNGU5YjlmODg2YzdmYjUyOWIyNjQ1Njhj For California purposes, forgiven PPP loans, SVO grants, and RRF grants are excluded from gross income. GTIL does not deliver services in its own name or at all. Combined, the agreement represents a total of 5.7 million payments to low-income Californians. The PPPEA was enacted on March 30, 2021 and extended the covered period of the PPP from March 31, 2021, through June 30, 2021. All rights reserved. Businesses are struggling. If you make an election under Rev. Spidell Publishing one of Californias leading continuing education organizations is reporting that the PPP loan forgiveness exclusion enacted by AB 80 (Ch. Although businesses who do not qualify for an exclusion may fully deduct expenses paid with forgiven PPP loan amounts on their California return, the taxability of the PPP forgiveness will come as a big surprise for many California businesses. MzA5NDZkYmY0ZWFjYTU3MzIyNjAzOGFiNmVmZGQxMTc2MGUxN2VkYTMxNTZi On April 29, 2021 Governor Newsom signed California A.B. NWE3NWRjN2NhODFhNjkyOWNiYzZhZWJjN2U5M2FhYjEzNTQ3YTVhMDA5MzNi 2023. 6 See CALIFORNIA SENATE COMMITTEE ON GOVERNANCE AND FINANCE ANALYSIS, JULY 24, 2020 (available here); CALIFORNIA ASSEMBLY FLOOR ANALYSIS, AUG. 29, 2020. 636(a)(37)(A)(iv)(I)(bb). MWZiNjQ1YjdmYjEyZDUzZDUyNTVjODI0OGMzN2YyM2YxMWYxNGNmYTA3Yzk2 endstream endobj 212 0 obj <>/Pages 210 0 R/StructTreeRoot 12 0 R/Type/Catalog/ViewerPreferences 230 0 R>> endobj 213 0 obj <>/MediaBox[0 0 612.12 792.12]/Parent 210 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 214 0 obj <>stream & TAX CODE 24271. B expects to apply to the lender for forgiveness of the covered loan in 2021. See how we connect, collaborate, and drive impact across various locations. Watch industry leaders discuss advice on innovation. Sign up to receive the latest BDO news and insights. I have already received forgiveness on my second draw, which was thankfully from a different lender, therefore reason 2 of why I was denied is invalid. For forms and publications, visit the Forms and Publications search tool. For additional information on the RRF grants, visit Section 5003 of the ARPA, RTC 17158.2(a), and SBA guidance. Note that the citation to the federal law presumably should be 15 U.S.C. 1577 and how these changes impact their California tax liabilities. Dana Lance is the Tax Practice Leader for the Greater Bay Area and the SALT Practice Leader for the West Region. hbbd``b`?`\@ "$@b Bq@S my S{.$4VP&F% 1FrO G Joshua Josh is a State and Local Tax (SALT) Principal in the San Francisco office of Grant Thornton LLP. How we work matters as much as what we do. Impacted by California's recent winter storms? 1577) into law. Governor Gavin Newsom has signed Assembly Bill 80, to amend the law. 17 (A.B. Read about the challenges and opportunities that could lie ahead. MGI4ODNkMGY5N2YxNzFmNjdlOWM5ZDYzNjFiMDIzZmZmMTNlMWUzMTg2NWEy REV. Those processing fees gave BofA an incentive to increase the size of PPP loans, according to the small businesses that are suing the $3.05 trillion-asset bank. Yjk1NTlhZjUzMmI3ODFlN2VlZDM3OWQ5OWM1ZDgzYmM3NTgyMWVkZjViZTQy REV. . 1 A.B. REV. 2020-27. MzA1NjUwNDUyNzBkY2M0YTcxMWY2NGYzZjRhMzk3NGVkODkwNWRlNjQ0YWY2 80's treatment of expenses paid with forgiven loan proceeds A.B. As we continue to fight the pandemic and recover, Im grateful for the Legislatures partnership to provide urgent relief and support for California families and small businesses where its needed most, said Governor Newsom. NTU5M2RhOWQwZTM1ZWU5NWE0YmI3YmJjZjMyYWI4M2IxYzcyNDVkMjY1MDc0 Generated by Wordfence at Sat, 4 Mar 2023 17:56:39 GMT.Your computer's time: document.write(new Date().toUTCString());. Y2VmMzUxZjkwZWU4YmYxYWRhYTJlNWMyOTM4MTQ2NGI4MThhNDBmOGNjNmY3 The treatment of deductions, basis, and tax attributes for California income tax purposes may differ from the federal income tax treatment.