The Internal Revenue Service released guidance this month to clarify the accounting treatment of payments under the Paycheck Protection Program and caused some consternation among some small businesses and tax experts. Many business owners who applied for loans under the PPP had the expectation the loans would be forgiven as long as their employees were paid for eight weeks, and the businesses would be able to write off their expenses as they traditionally have been able to do. The guidance puts this in doubt.
Notice 2020-32 clarifies that no deduction is allowed under the Internal Revenue Code for an expense that is otherwise deductible if the payment of the expense results in forgiveness of a covered loan under the CARES Act. The income associated with the forgiveness is excluded from gross income.
D. Michael Monk is the 2018 president of the Commercial Finance Association and has been managing partner of Amerisource Business Capital since 1998. He has over 25 years of experience including senior leadership roles covering virtually all aspects of the commercial finance field, including credit, underwriting, legal, compliance, operations management, portfolio risk management, business development, marketing and public relations.
David Britton is vice president of industry solutions of global fraud and identity at Experian.
Andrew Hogan is a senior analyst serving customer experience professionals. He focuses on experience design — specifically user interface (UI) and user experience (UX) design for websites, apps, messaging, and digital-physical interactions. He researches the future of experience design, identifies trends and patterns, analyzes best practices, and examines which experience design services firms and agencies are best suited to help and how.
Previous Work Experience
Prior to joining Forrester, Andrew was associate director of digital strategy at agency R2C Group, working with clients on site, social, CRM, and paid acquisition efforts.
Before R2C Group, Andrew was a senior strategist at digital and innovation agency T3. There, he guided strategy on apps, social efforts, CRM programs, and site and product prototypes. He also led the agency’s research into mobile's effect on consumer expectations and its connection to customer experience.
Education
Andrew holds a BBA in marketing from Texas State University.
Under section 1106(b) of the CARES Act, a recipient of a covered loan can receive forgiveness of indebtedness on the loan in an amount equal to the sum of payments made for the following expenses — payroll costs, any payment of interest on any covered mortgage obligation, any payment on any covered rent obligation and any covered utility payment — during the eight-week “covered period” beginning on the covered loan’s origination date.
The Paycheck Protection Program was designed to provide economic relief for businesses in the wake of COVID-19. If the requirements of section 1106(b) are met, PPP proceeds are excluded from taxable income and the corresponding PPP expenses that are essentially being reimbursed are not tax deductible despite being classified as ordinary expenses under section 162 of the Tax Code. Thus, PPP funding is a tax-exempt “wash” — PPP expenses are not tax deductible to the extent of tax-exempt PPP income. Since “PPP wages” are not currently tax deductible under the program, it will be interesting to see how businesses will be directed to prepare W-2s for 2020.
The CARES Act provides for the payment of fees from PPP funds for the processing of applications on a sliding scale beginning at a rate of 5 percent for loans up to $350,000. These fees have generally become earmarked for banks and other financial institutions despite the hope that many accounting and legal professionals would be eligible for these fees for services rendered in assisting clients to generate the needed paperwork throughout the application process. Banks are receiving tens of millions of dollars in fees from PPP funds to process loans for which they are not at risk. Banks are also collecting transfer fees from PPP funds when these proceeds are wired into business accounts.
The CARES Act legislation stimulus checks were processed based upon Form 1040 filings — essentially bypassing an application process. Similarly, perhaps PPP funding would be more efficiently disbursed if allocations were based upon prior Form 941 filings instead of assessing the same payroll information through a costly application process. Another relief measure would be to allow businesses to take tax deductions for PPP expenses despite the tax-exempt nature of PPP proceeds.
