Court filing
IRS Announcement 2020-12 — Information Reporting Requirements for PPP Loan Forgiveness
Filed July 1, 2020 in IRS Pandemic Tax Enforcement; one of 9 filings from this case.
Record facts
| Court | Internal Revenue Service |
|---|---|
| Filed | 2020-07-01 |
Full text
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Information Reporting Requirements for Paycheck Protection Program Loans Forgiven
under the CARES Act
Announcement 2020-12
This announcement notifies lenders that they should not file information returns or
furnish payee statements under section 6050P of the Internal Revenue Code (Code) to
report the amount of qualifying forgiveness with respect to covered loans made under
the Paycheck Protection Program (PPP) administered by the Small Business
Administration (SBA), in consultation with the Department of the Treasury, under Title I
of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136,
134 Stat. 281 (March 27, 2020), as amended by the Paycheck Protection Program
Flexibility Act of 2020, Pub. L. No. 116-142, 134 Stat. 641 (June 5, 2020) (collectively,
CARES Act).
Section 1102 of the CARES Act established the PPP, which allowed qualifying small
businesses (eligible recipients) to obtain loans guaranteed by the SBA under
section 7(a)(36) of the Small Business Act (15 U.S.C. § 636(a)(36)) (covered loans).
Under section 1106 of the CARES Act, an eligible recipient is eligible for forgiveness of
indebtedness for all or a portion of the stated principal amount of a covered loan if
certain conditions are satisfied (qualifying forgiveness). Under section 1106(i) of the
CARES Act, for purposes of the Code, any amount that (but for section 1106(i)) would
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be includible in gross income of the eligible recipient by reason of the qualifying
forgiveness is excluded from gross income.
Generally, section 6050P of the Code and §§ 1.6050P-1 and 1.6050P-2 of the
Income Tax Regulations require an applicable entity (as defined in section 6050P(c)(1)
of the Code) that discharges at least $600 of a borrower’s indebtedness to file a
Form 1099-C, Cancellation of Debt, with the Internal Revenue Service (IRS), and to
furnish a payee statement to the borrower. For purposes of this reporting requirement,
§ 1.6050P-1(c) provides that “indebtedness” means any amount owed to an applicable
entity, including stated principal, fees, stated interest, penalties, administrative costs,
and fines.
When all or a portion of the stated principal amount of a covered loan is forgiven
because the eligible recipient satisfies the forgiveness requirements under section 1106
of the CARES Act, an applicable entity is not required to, for federal income tax
purposes only, and should not, file a Form 1099-C information return with the IRS or
provide a payee statement to the eligible recipient under section 6050P of the Code as
a result of the qualifying forgiveness. The filing of such information returns with the IRS
could result in the issuance of underreporter notices (IRS Letter CP2000) to eligible
recipients, and the furnishing of such payee statements to eligible recipients could
cause confusion. This announcement is intended to prevent any such confusion.
The principal author of this announcement is Marshall French of the Office of the
Associate Chief Counsel (Procedure & Administration). For further information
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regarding this announcement, contact Marshall French at (202) 317-5411 (not a toll-free
call).File and source
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- Our copy
- a-2020-12.pdf
- Original
- www.irs.gov