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.
Steve Benjamin has worked very actively in community initiatives with numerous public and private organizations dating back to his years at the University of South Carolina where he served as President of the Student Government and as Student Bar Association President at the USC School of Law. Mayor Benjamin has continued that service through the present, serving on numerous boards for nonprofit organizations such as the Columbia Urban League, Benedict College, the Greater Columbia Chamber of Commerce and as a Founding Board Member of the Eau Claire Promise Zone. He also served as a founding member of Choose Children First. In 1999, at age 29 Benjamin was appointed to Governor Jim Hodges' Cabinet as director of the state's second largest law enforcement agency, the Department of Probation, Parole, and Pardon Services. In 2009, Benjamin drew national attention by representing prominent radio host Tom Joyner and securing a pardon for Joyner's great uncles wrongfully convicted in the death of a 73-year-old Confederate veteran and executed in 1913. In a landmark decision, the South Carolina Board of Paroles and Pardons voted unanimously to grant the posthumous pardon, the first for South Carolina in a capital case. Having taken office in July 2010 and reelected by a 30% margin in November 2013, Mayor Benjamin's administration has been characterized by his firm belief in Columbia's potential and intense focus on job creation. In his first term alone his leadership helped cut Metro Unemployment by more than 42% secured billions of dollars in new regional capital investment in the midst of a national recession. Combined with the rebirth of Main Street, these accomplishments have drawn national attention and accolades including his being awarded an Aspen Rodel Fellowship, receiving an Honorary Doctor of Humanities from Francis Marion University, twice being named to The Washington Post's "The Root 100 List� (2011 and 2013) as well as the 2014 GRIO 100 and being elected in 2012 as US Conference of Mayors Trustee. In addition to his work as Mayor, Benjamin practices law with Parker Poe law firm.
Kim Franklin is human resources manager at EPL, Inc.
Gordon Harrison is an ICO expert at Jumio.
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.
