The American Institute of CPAs has joined over 560 business and trade organizations in urging Congress to pass legislation to allow companies that have received forgiveness on their Paycheck Protection Program loans to be able to deduct expenses from their taxes.
The AICPA is objecting to recent guidance from the Internal Revenue Service and the Treasury Department that it argues goes against the intent of the CARES Act, the bill passed by Congress in March in response to the COVID-19 pandemic that established the Small Business Administration’s PPP loans.
Christopher Condo serves Application Development & Delivery (AD&D) Professionals. He is part of Forrester's AD&D coverage of DevOps tool chains, focusing on continuous integration (CI) and continuous delivery (CD) as well as software development strategies for enabling those strategies.
Previous Work Experience
Prior to his current role as an analyst, Chris was the engineering manager for the enterprise web applications team for Altran North America, where he oversaw and led the development of enterprise applications in the medical device and automated warehousing industry. Chris led a team of 10 software engineers, developed proposals, led estimation efforts, led resourcing efforts (including offshore), and also pitched in as an individual contributor. Chris has firsthand experience of developing software using agile practices and helping clients migrate to CI and CD methodologies as well as migrating to the cloud.
Prior to Altran, Chris was a senior development engineer at Microsoft for 13-plus years, working in the SaaS space starting with the Microsoft bCentral suite of online eCommerce tools targeted at small to medium businesses. Chris went on to lead software development efforts for the Office Live product suite, developing CRM and eCommerce platforms for Microsoft's growing online customer base. With Office 365, in addition to feature development, Chris worked on early tool chains that enabled global configuration and secure cloud deployments prior to their mainstream existence on the Azure platform. He also performed research and development on components to limit the impact of DOS attacks.
Before Microsoft, Chris held senior software engineering roles at FASTech, M/A-Com, and Digital Equipment Corp.
Education
Chris graduated from UMass Lowell with a B.S. in computer science. Chris is an active member of UMass Lowell Computer Science Industry Advisory Board.
Schechter is an associate attorney at Butterfield Schechter LLP in San Diego.
Mallon is Bersin’s chief storyteller. He engages directly with Bersin members and the market to bring the Bersin’s insights to life. As a 10-year veteran with the organization, and the leader of Bersin’s Research team for six years, he is one of Bersin’s most knowledgeable thought leaders in all areas of HR, talent, learning, and leadership. As a pivotal force behind Bersin’s maturity research for the past decade, he brings a unique, integrated perspective to helping organizations solve their most vexing workforce challenges – wisely and with systematic purpose. Before joining Bersin, Mallon led the consulting practice for a major LMS provider. Prior to that, he held learning and organization development-related positions with EarthLink, where he was responsible for overall learning strategy for its global call center organization. He holds a B.A. in English Literature from Emory University and an M.S. in Digital Media from the Georgia Institute of Technology with focuses on computer-aided distance learning and on storytelling in digital environments. This column first ran on the Bersin web site
The AICPA sent a letter Thursday to congressional leaders asking them to include PPP expense protection, warning of “the specter or a surprise tax increase of up to 37 percent on small businesses when they file their taxes for 2020.”
“At the onset of the COVID-19 pandemic, Congress responded with speed, cooperation and an eye to preventing the worst potential economic outcomes. We ask that you bring that same spirit of urgency and cooperation during this ‘lame duck’ session to prevent an avoidable catastrophe for millions of small businesses that, without Congressional action, will face a surprising and, in many cases, insurmountable tax bill next year,” the letter read.
The letter is only the latest step in the effort by the AICPA to push for the changes. Last month, the AICPA asked CPAs to contact their members in Congress and urge them to back the legislation, known as the Small Business Expense Protection Act (see story). Earlier that month, the IRS and the Treasury issued both a revenue ruling Rev. Rul. 2020-27, and a revenue procedure, Rev. Proc. 2020-51, essentially saying that since businesses aren’t taxed on the proceeds of a forgiven PPP loan, the expenses aren’t deductible (see story). Earlier this year, the IRS had indicated its position in Notice 2020-32 about deducting expenses for PPP loans. The notice clarifies that no deduction is allowed under the Tax Code for an expense that is otherwise deductible if the payment of the expense results in forgiveness of the loan under the CARES Act, and the income associated with the forgiveness is excluded from gross income. In August, the AICPA joined with more than 170 organizations in sending a letter to House Speaker Nancy Pelosi, D-California, and Senate Majority Leader Mitch McConnell, R-Kentucky, encouraging a technical correction to address the tax treatment of loan forgiveness PPP.
The AICPA argues that the IRS guidance contradicts the intent of Congress, transforming tax-free loan forgiveness into taxable income.
“Notice 2020-32 clearly circumvents the original intent of Congress with regard to the PPP program,” said AICPA vice president of taxation Edward Karl in a statement. “The COVID-19 pandemic has had a severe economic impact on our country and now, more than ever, thousands of businesses need a little extra relief to help them survive. It’s critical that Congress acts on this issue immediately and we strongly encourage them to do so.”
A letter cosigned by state CPA societies from all 50 states and four territories, including the New York State Society of CPAs, along with the AICPA has also been sent to congressional leadership urging action on this issue.
“We continue to hear from state CPA societies, our members and CPAs’ clients that the PPP loan allowed them to pivot their business, stay open and keep employees hired during the pandemic,” Karl said in a statement. “PPP loans have helped organizations manage issues such as supply chain interruptions, sick employees and customers’ changing buying habits. To burden businesses with additional, potentially significant taxes at this time does not reflect Congressional intent.”
The AICPA has also been calling for the SBA to simplify its questionnaire for forgiveness of PPP loans of $2 million or more (see story). It joined with more than 80 other trade and business groups in a letter last month expressing concern about the loan necessity questionnaires being sent by the SBA to PPP borrowers who received loans of $2 million or more. The AICPA complained that the questionnaires are long and burdensome and require extensive documentation.
Accounting firms have been hearing complaints about the questionnaires from some of their clients. “For many of our clients, the questionnaires have caused concern pertaining to their ‘need’ for the PPP loan,” said Justin Elanjian, an assurance partner at Aprio. “The questionnaires request information that borrowers were not privy to when certifying their need. We at Aprio, along with borrowers, lenders and other interested parties as evidenced in the AICPA's letter, were hopeful that the comment period would provide the SBA with sufficient cause for revising the questionnaires, but it appears we've come up short.”
Lenders have also been voicing their complaints. “The first business day after the comment period ended, we began hearing from multiple lenders that numerous requests for the originally proposed questionnaire were submitted by the SBA via their portal,” added Elanjian. “This is disappointing to us, our clients and business who made their certification in good faith based on the relevant information at the time of application. When considering eligibility, it’s important to keep in mind that the questionnaires, as overreaching as they may seem, may not only serve as a potential disqualifier, but also as a qualifier of need for the PPP loan.”
