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.
Sharon Allen, CFP, ATFA, has almost 25 years experience helping affluent families and individuals manage wealth. She also teaches at the University of Illinois' Financial Planning program.
Carter Pape has covered cybersecurity, financial crime and emerging technology for American Banker since January 2022.
Pape, reporting from Sacramento, California, connects technical complexities to their practical consequences. He examines how cybercriminals target and infiltrate banks and how the technologies reshaping the world (such as AI and quantum computing) create new risks for banks and their customers.
Pape's work has earned recognition at the regional and national levels, having earned him an award and award finalist recognitions from the American Society of Business Publication Editors and SIIA.
Highlights of Pape's work include:
- No longer optional: Cyber risk oversight for boards, which examined the expanding liability exposure facing bank directors as regulators raise expectations for cyber governance;
- Inside a sophisticated, foiled cyber-heist targeting ATMs, an account of a coordinated attack on bank cash infrastructure and the defenses that stopped it;
- The promise and perils of QR codes in banking, which explored how a ubiquitous consumer technology became a vector for financial fraud.
- How quantum computers work, and how banks can use them, which broke down the physics and engineering of quantum computation and assessed the realistic near- and long-term implications for the banking industry
- Main Street banks can avoid Wall Street's WhatsApp fines. Here's how. This article explained how community banks could navigate SEC enforcement around personal device usage for work communications.
Pape's broader coverage at American Banker addresses data breaches, fraud prevention, regulatory compliance, artificial intelligence in financial services and the evolution of digital banking.
Before joining American Banker in January 2022, Pape spent three years as a reporter at The Times-Independent in Moab, Utah, where he was one of four full-time journalists covering a county of 10,000 people.
Pape reported on public lands, local government, housing and more. He also rebuilt the publication's website from the ground up, earning the Utah Press Association's Best Website award in 2019 for the redesign.
Pape's reporting on Moab won recognition from the Utah Press Association for excellence in government and politics reporting (first place) as well as general news (second place) and education coverage (second place).
Pape holds a degree in mathematics from North Carolina State University. At NC State he became news editor of the student newspaper, Technician, to get a break from the analytical and technical work of mathematical proofs. The experience inspired him to pursue a career in journalism.
Alongside his seven years as a journalist, Pape brings more than a decade of programming experience, having interned as a software developer for companies including IBM. He continues to regularly tinker with Python, Docker and shell scripting in his free time.
Daniel Wolfe is editor-in-chief of Digital Insurance.
Most recently, he was director of data services at Arizent, which publishes DI and American Banker. In this role he managed the company's editorial use of automation and AI, with the mission of expanding quality data journalism and products across all brands.
Previously Daniel headed American Banker's payments and credit union coverage, and before that he was editor-in-chief of PaymentsSource, a sister publication that combined with American Banker in 2021. Prior to that, Daniel held roles at American Banker including tech and risk management editor; technology, cards and payments editor; and technology reporter. Throughout his career, Daniel has taken a central role in hosting leading industry conferences including Payments Forum, Card Forum and PayThink. He has appeared on Yahoo! Finance and received the American Society of Business Publication Editors' national silver award for sustainability reporting in 2024 for his coverage of the credit card industry's environmental impact.
He has a master's degree in print journalism from Boston University's College of Communication and a bachelor's degree in English from SUNY Binghamton.
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.
