In order to address the COVID-19 pandemic, the federal government passed the Paycheck Protection Program (“PPP”) stimulus/relief package in 2020. In late 2020, the federal Consolidated Appropriations Act, 2021, was signed into law. This new law addressed the deductibility of Paycheck Protection Program (“PPP”) expenses from a federal taxation perspective and made it clear that businesses can deduct payroll and other business expenses as usual, even if these expenses are paid for with PPP loans. The specific provisions of this federal law were detailed in a prior Legal Briefing that can be found at the following hyperlink: COVID-19 Relief Package (lawpf.com).
One open question has been how New York State would treat such stimulus program funds from a tax perspective.
The New York State Department of Taxation and Finance has just determined that with respect to PPP forgivable loans, the State will follow the federal rule against taxing the forgiven portion of PPP loans. Therefore, if the forgiven loan is excluded from federal adjusted gross income it will likewise also be excluded from New York adjusted gross income. Similarly, expenses associated with PPP loans are deductible on New York State tax returns. Additional guidance and “Frequently Asked Questions” can be found at the following hyperlink: New York State tax implications of the federal CARES Act (ny.gov).
Our Firm has extensive experience counseling employers and businesses on issues resulting from the COVID-19 pandemic. If you have any questions related to this Legal Briefing or questions related to COVID-19 reopening rules and procedures, please contact any member of our Firm at 585-730-4773.
This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2021 Law Offices of Pullano & Farrow PLLC