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.
Justin Lie is CEO of CashShield.
Sandy Steier is chief executive officer at 1010data.
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.
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.
