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.
Carlton 'Carl' Doty leads Forrester’s global research in emerging technologies. He helps Forrester clients assess disruptive technologies and evaluate new ventures that drive business innovation. Prior to this role, Carl founded Forrester’s customer insights practice and led a global research organization that helped B2C and B2B marketers select and implement marketing technologies and services.
Earlier in his tenure, Carl managed Forrester's consumer product strategy practice, where he led a research agenda on product innovation that spawned Forrester's book, Digital Disruption. He began his Forrester career in 2006 as an analyst covering digital channels, healthcare technology, and consumer-directed health plans.
Previous Work Experience
Prior to joining Forrester, Carl spent a decade in IT, implementing digital portals and applications for a large regional health insurer to improve customer and partner experiences. He also worked in two early-stage startups, and served as vice president of consulting at a global marketing services provider.
Education
Carl attended Tulane University as an NROTC Midshipman and holds a B.S. in civil engineering management from the University of Vermont.
Rodney Joffe is senior vice president, senior technologist and fellow at Neustar. He has been a sought-after cybersecurity expert who, among other notable accomplishments, leads the Conficker Working Group to protect the world from the Conficker worm. Providing guidance and knowledge to organizations from the United States government to the Internet Corporation of Assigned Names and Numbers (ICANN), Mr. Joffe is a pioneer in the domain name system (DNS) and cybersecurity markets and has demonstrated his expertise in developing new solutions at Neustar such as NeuSentry.
Tony has devoted 15-plus years to leadership and business development positions within the financial services community. His primary areas of expertise include leadership and organizational development, sales and negotiation tactics, strategic planning, merger planning, enterprise risk management, regulatory compliance and project management. Tony has served as the ERM Officer since 2009. Primary responsibilities include ERM program development, integration and administration. Tony oversees the ERM function working closely with senior management and the Board of Directors in interpreting and managing a strong risk culture and facilitating organizational planning and risk mitigation efforts.The Enterprise Risk Management (ERM) function ensures that Bellco actively assesses its risk exposures, evaluates alternative responses to those exposures, reports risks to the Board of Directors and considers risks in the strategic planning process. Bellcos ERM program is focused on strategy integration and the optimization of the risk framework to enhance the achievement of its goals.
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.
