california ppp loan forgiveness spidell

To the extent this content may be considered to contain written tax advice, any written advice contained in, forwarded with or attached to this content is not intended by Grant Thornton LLP to be used, and cannot be used, by any person for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code. of research and economic analysis. . section 1106 of the CARES Act for forgiveness of the covered loan. Osborne Rincon CPAs | 79245 Corporate Centre Drive, La Quinta, CA 92253 | 760-777-9805 | Copyright 2018 Osborne Rincon. All rights reserved. SBA Forgiveness Portal. All references to Section, Sec., or refer to the Internal Revenue Code of 1986, as amended. In addition, the following provision is included in the agreement: The agreement restores previously enacted reductions, effective July 1st, for the University of California, California State University, the Judicial Branch, Child Support Services and for moderate-income housing. If you have additional questions about this article or your business qualification status, contact your GC accountant or email us at contactus@gccpas.net. Supreme Court questions Biden student loan debt forgiveness Spidell's California Minute - Spidell 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. Notice 2020-32 (available here). CODE 17131.8(g)(3)(B); 24308.6(g)(3)(B). Governor Gavin Newsom has signed Assembly Bill 80, to amend the law. 13 Specifically, A.B. ITIN taxpayers who also qualify for the California EITC would receive a total of $1,200. 116-139, the Enhancement Act).8 The federal government also enacted the Paycheck Protection Program Flexibility Act (P.L. Nothing herein shall be construed as imposing a limitation on any person from disclosing the tax treatment or tax structure of any matter addressed herein. 1577, 2019-2020 REG. It is unclearhowbusinesses that changed entity types during 2020will apply2019 gross receiptstoqualify for the PPPexpense deduction. For tax yearsbeginning in2019,qualifyingtaxpayers cannowexclude PPP loanforgivenessorEIDL grants fromCalifornia gross incomeanddeductallowablecoveredexpenses paid withPPP loan or EIDL grant proceeds. Section 636(a)(37)(A)(iv)(bb), which requires the entity tohave experienced at least a 25% drop in gross receiptsinthe first, second or thirdquarter of 2020, or the fourth quarter if a PPP loan application was submitted on or after January 1, 2021,compared tothe same quarter in 2019. 7 For additional details relating to the federal CARES Act and subsequent legislations relating to the PPP, please refer to the Deloitte Heads Up, Volume 27, Issue 8, Highlights of the CARES Act, updated September 18, 2020 (available here). MGI4ODNkMGY5N2YxNzFmNjdlOWM5ZDYzNjFiMDIzZmZmMTNlMWUzMTg2NWEy If you are a WordPress user with administrative privileges on this site, please enter your email address in the box below and click "Send". Partner, State and Local Tax West Region Leader. REV. MjhlMTk5ZGY1MzFiNTZlYzQ5N2ZlMTAyOGIwYzZhZDAwOGU4ZDQ5N2U4Nzlj Private company boards should bring the backgrounds and insights to understand risks and opportunities and drive the business forward. 80's treatment of expenses paid with forgiven loan proceeds A.B. Connecting with our core purpose through a renewed lens. California's partial PPP conformity bill sent to Governor (04-26-21) The California General Assembly has sent AB 80 to the Governor, and he is expected to sign it. By: Pedro T. Rincon, CVA, Partner Osborne Rincon CPAs. Explore Deloitte University like never before through a cinematic movie trailer and films of popular locations throughout Deloitte University. REV. 17 A.B. You can count on us to prioritize and complete work to the best of our ability based on these changes. This is important new information that needs to be shared with businesses immediately and it will likely come as a surprise to many. It does not apply to SBA subsidies paid on SBA loans, Shuttered Venue Operator Grants, or Restaurant Revitalization Grants. Jamie Yesnowitz, principal serving as the State and Local Tax (SALT) leader within Grant Thornton's Washington National Tax Office, is a national technical resource for Grant Thornton's SALT practice. 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 Security Act (the CARES Act). 2021-20 for federal purposes, we will follow the federal treatment for California tax purposes. Shortly after enactment of the CARES Act, the Internal Revenue Service (IRS) issued Notice 2020-32 providing that deductions for business expenses otherwise allowable under the Internal Revenue Code (IRC) (e.g., deductions under IRC Secs. The documentation must clearly identify both of the reference quarters (if not using annual comparison), must OTc5MjdiOWVmNjcwMzYzYTRjZjhmOWI1YmQzZDczMDNkYzZmYjk2Mzk2ZWJi To help guide planning, weve highlighted key topics under focus from regulators worldwide and what those developments could mean for business. Separately, the Governor and legislative leaders said that discussions are continuing on measures for the safe reopening of the states K-12 schools, including strategies to address learning loss caused by the pandemic. NTU5M2RhOWQwZTM1ZWU5NWE0YmI3YmJjZjMyYWI4M2IxYzcyNDVkMjY1MDc0 NThmOTI5NTJhNjc1MTk0MWYwNDRhODc5Yjk0NWRlY2MxOGViMzcwMTViODJl Specifically, A.B. We can harness the power of people, process, data and technology to transform your companys tax operating model into a strategic function of the business. This content supports Grant Thornton LLPs marketing of professional services and is not written tax advice directed at the particular facts and circumstances of any person. Who should lead the charge? Other special rules in the federal statute apply to entities that were not in business for the entirety of 2019. Find out how to manage the business risks behind data. People are having a hard time making ends meet. & TAX. 9 Note that the statutes originally applied to taxable years beginning on and after January 1, 2020. 2 A.B. This Tax alert provides a brief overview of the federal legislation relating to the PPP, summarizes the notable changes to California law made by A.B. :D 8 636(a)(37)(A)(iv)(I)(bb). Identify how to treat the forgiveness of a PPP loan for tax purposes; Recognize how the IAS 20 grant approach is used to account for its PPP loan; Recognize actions that impact a CPA's independence in a PPP loan assistance engagement; Recall some of the rules pertaining to a CPA receiving an agent fee from a PPP loan lender, and tax guidance on Middle Class Tax Refund payments, General information for the Middle Class Tax Refund, Paycheck Protection Program (PPP) loan forgiveness, FAQs for Paycheck Protection Program (PPP), Coronavirus Tax Relief for Businesses and Tax-Exempt Entities, Revenue and Taxation Code (RTC) section 17131.8(g)(3)). Wordfence is a security plugin installed on over 4 million WordPress sites. California conforms to the federal gross receipts test requiring a 25% or greater reduction in gross receipts and will therefore follow the rationale of this related federal guidance. 1 A.B. For a complete listing of the FTBs official Spanish pages, visit La esta pagina en Espanol (Spanish home page). On December 27, 2020, the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act) (Pub. 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. An additional $310 billion of PPP loan funding was subsequently provided by the federal Paycheck Protection Program and Health Care Enhancement Act (P.L. 211 0 obj <> endobj Joshua Josh is a State and Local Tax (SALT) Principal in the San Francisco office of Grant Thornton LLP. Lauren is a senior associate working in the Washington National Tax practice of Deloitte Tax LLP. ZjM5OWM1NmRhZmIzYzYxY2VlZmY4NDExYjhjMDA0YmRlOThjMjBhYjk3Nzkz Ineligible entities are either publicly tradedcompanies orentities that do not meet the requirements of 15 U.S.C. There's more to consider. 2023. 3 P.L. Note that the citation to the federal law presumably should be 15 U.S.C. Matt Tierney and Andre Bourgon from Grant Thornton discuss how to execute a winning ecosystem strategy to manage insurance companies. National Tax Office Leader. 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. People are hungry and hurting, and businesses our communities have loved for decades are at risk of closing their doors. Gavin Newsom signed Assembly Bill 80 (A.B. However, they were amended to apply to taxable years beginning on or after January 1, 2019. AB 80 generally conforms to the federal treatment of PPP loan forgiveness and EIDL grants, with one major exception. Access from your area has been temporarily limited for security reasons. 7 Ch. L. No. Further, AB 1577 applied only to tax years beginning on or after January 1, 2020. Paycheck Protection Program Loan Forgiveness and Treatment - California 1 Ch. California: Update to Paycheck Protection Program Loan Conformity Emergency Financial Relief to Support Community College Students. 39 (A.B. REV. Due to the timing of A.B. 116-136, 1105(i). The agreement provides an additional $100 million in emergency financial aid for qualifying low-income students carrying six or more units, with award amounts to be determined locally and made available by early April. A custom solution allowing banks and their customers to calculate SBA PPP loan amounts based on unique business characteristics. Acting Governor Eleni Kounalakis Signs Legislation to Support States COVID-19 Preparedness, PHOTOS: Governor Newsom Visits Diablo Canyon Power Plant, More Time to File State Taxes for Californians Impacted by December and January Winter Storms, Governor Newsom on Read Across America Day: While Other States Ban Books, Were Helping Students Read, Governor Newsom Proclaims State of Emergency in 13 Counties Due to Winter Storms, Activates California Guard. Your access to this service has been limited. Combined, the agreement represents a total of 5.7 million payments to low-income Californians. Impacted by California's recent winter storms? Friday, September 18th, 2020. On September 9, 2020, Assembly Bill (AB) 1577 (Coronavirus Aid, Relief, and Economic Security (CARES) Act Conformity) was enacted which allowed an income exclusion for tax years beginning on or after January 1, 2020, for forgiven PPP loans. He has 22 years of broad-based SALT consulting experience at the national and practice office levels in large public accounting firms. Taxpayers that have already filed their 2019 and 2020 returns should consider amending these returns to incorporate the adjustments allowed by AB 80. & TAX CODE 24271. Your business does not meet PPP loan forgiveness requirements. NDZkZjRjZDY4ODVjMjk3OGE5MjViODBjYjExOTliZWFhNzgwY2FjMTkzYjll %%EOF Please see www.deloitte.com/about to learn more about our global network of member firms. 1577 or other California tax matters, please contact any of the following Deloitte professionals: Roburt Waldow, principalMultistate, Deloitte Tax LLP, Washington National Tax, +1 612 397 4487, Christopher Campbell, principalMultistate, Deloitte Tax LLP, Washington National Tax, +1 213 553 3072, Valerie Dickerson, partnerMultistate, Deloitte Tax LLP, Washington National Tax, +1 202 220 2693, Kathy Freeman, managing directorMultistate, Deloitte Tax LLP, Sacramento, +1 916 288 3392, Shirley Wei, senior managerMultistate, Deloitte Tax LLP, Washington National Tax, +1 213 553 1715. 102-1125) on February 3, 2023, that makes significant enhancements to a variety of Illinois credit and incentive programs. 1577, A.B. Scott Smith, State & Local Tax, National Technical Practice Leader, Business Restructuring & Turnaround Services, Total Tax Transparency & ESG Tax Strategy, Financial Institutions & Specialty Finance, California: Update to Paycheck Protection Program Loan Conformity, Do Not Sell My Personal Information as to BDO Investigative Due Diligence. -----BEGIN REPORT----- SESS. M2EzM2JjMzhiMzQ0OGJhZjM2Y2YwYzkiLCJzaWduYXR1cmUiOiIzZWNjNmEy The California Franchise Tax Board (FTB) plans to issueguidanceexplainingqualification and other requirements with respect to AB 80, and it is expected to include guidance for taxpayers that have already filed 2020 California individual or corporate tax returns. 4 CAL. California Partially Conforms to Federal PPP Forgiveness - Moss Adams 1577 and how these changes impact their California tax liabilities. In addition, the agreement provides a $600 one-time payment to taxpayers with Individual Tax Identification Numbers (ITINs) who were precluded from receiving the $1,200 per person federal payments issues last spring and the more recent $600 federal payments. 8 CAL. Our audits ensure confidence in our clients financial information. Taxpayers that have received PPP loans should consult with their California tax advisors regarding the changes made by A.B. 2020) (available here). At Grant Thornton, we dont just understand your business. California PPP Update 4.26.2021 : taxpros - reddit California Conforms to Federal PPP Loan Forgiveness Rules Spidell Publishing - one of California's leading continuing education organizations - is reporting that the PPP loan forgiveness exclusion enacted by AB 80 (Ch. MzJiOWRiMDc3MWUyZjhhMGViZjEyNDFkNWI4MTg3ZTU3NWRmNjEzYWNjNmM4 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. You must pay it back within either 3 or 5 years. 265 disallows deductions related to tax-exempt income. In the United States, Deloitte refers to one or more of the US member firms of DTTL, their related entities that operate using the "Deloitte" name in the United States and their respective affiliates. The agreement also reflects fee relief for more than 600,000 barbering and cosmetology individuals and businesses licensed through the Department of Consumer Affairs.