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Reminder to All PPP Recipients: Loans That Were Improperly Forgiven Are Eligible for Tax

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Paycheck Protection Loan (PPP) recipients should be informed that they are not eligible for a deduction for the forgiveness of a loan when the taxpayer’s loan is terminated due to misleading assertions or omissions. The part of the loan proceeds that were forgiven as a result of misleading assertions or omissions must be included in income instead.

For everyone’s information, the program is established to help small businesses in the country that were greatly affected by the COVID-19 epidemic with some costs.

If the loan recipient satisfies three requirements, lenders may forgive the entire loan amount under the parameters of the PPP loan program.

The first requirement is that the beneficiary of the loan was qualified to receive the PPP loan. It can be a small company concern, independent contractor, qualifying self-employed person, sole proprietor, business concern, or other kinds of tax-exempt entities. It must also be operational on or before February 15, 2020. Last but not least, it requires to have paid employees or independent contractors as well as self-employed people, sole proprietors, and independent contractors.

Second, qualified expenditures like rent, utilities, mortgage interest, and payroll costs were to be paid using the loan proceeds.

Finally, the loan recipient had to submit a request for loan forgiveness. The loan recipient must certify to eligibility, verify specific financial details, and satisfy other legal requirements before submitting the debt forgiveness application.

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Based on the report by ABIP last December 6, 2022, those who were not eligible but already receive the forgiven loan will be held accountable for their act. To report such an act, contact Treasury Inspector General for Tax Administration at 800-366-4484.


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