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.
Evan Ishida is a consultant with Winding River Consulting, serving the professional services industry in the areas of leadership, culture, and agile planning. He is also a partner at Thrive at Work LLC.
A subprime-related settlement between the government and Deutsche Bank provided meaningful benefits to some U.S. consumers in need, according to a new report. But the author acknowledged that those gains could prove illusory for some consumers given the coronavirus crisis.
Cathy Lanning serves as Senior Vice President for the Property & Casualty Marketing organization. In this role, she is responsible for the development and execution of integrated marketing plans for personal and commercial insurance products. Together with her team, she builds the brand and the Nationwide business leveraging data-driven direct marketing, partnerships, digital media, social media, cooperative agency marketing and lead generation strategies.
Most recently, Cathy led Strategic Partnerships where she established a large partnership portfolio with a data driven relationship-based selling approach. Together with partners such as alumni associations, cause organizations and sports organizations, Nationwide was able to understand the exact needs of a household and bring the right solutions at the right time to meet their protection needs. Under her leadership, the business unit grew by over 100% in five years.
Cathy joined Nationwide in 2007 as part of the leadership team that launched Nationwide Bank. Throughout her tenure at the company, she has held roles that require innovation, vision and team building. This includes establishing new digital marketing tools for agents, launching new products in the market, and establishing the Marketing Analytics organization. The Marketing Analytics organization delivered the first-generation marketing mix models, comprehensive digital analytics, and forecasting models, all of which helped Nationwide understand marketing effectiveness across channels and identified investment optimization pathways. The insights served the business lines across the company and opened new horizons for efficient growth and retention.
She has broad experience in brand management, analytics, partnership development, direct marketing, distribution marketing, innovation, product development and strategic planning. Prior to joining Nationwide, Cathy was the Brand Manager at The Scotts Company and Product Manager at WorldCom focused on Virtual Private Networks.
Cathy is a proud Ohio State University alumnus, holding a Bachelor of Science in Psychology, a Bachelor of Science in Business Administration (Marketing) and Masters in Business Administration. She is also a graduate from the Northwestern Kellogg Senior Women in Leadership program.
Outside of work, Cathy is a passionate advocate for education and community learning programs. To live this mission, Cathy serves on the board of The Ohio State University Alumni Association, The Girl Scouts of Ohio’s Heartland and The Wellington School.
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.”
