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.
Catherine Stihler (OBE, FRSE) is a distinguished international leader and open technology specialist who served on the Governor of Pennsylvania's AI task force. She has also collaborated with the World Economic Forum's AI Alliance, and provided valuable insights to the US National AI committee, establishing her as a key figure at the intersection of AI development and governance, among other notable achievements. With a career including two decades at the forefront of European policy creation and decision-making, she uniquely bridges regulation and innovation - helping organizations understand compliance and achieve goals. Catherine seamlessly combines an insider's knowledge of international institutions and business with a results-driven approach, showcasing a unique and practical perspective. She is also acting advisor for Vero AI, the new innovative AI startup behind the Iris platform and VIOLET Impact Model.
Dan Chu is the executive director of the Sierra Club Foundation.
Pegine Grayson, JD, CAP, is a senior vice president and director of Whittier Trust's Philanthropic Services department, leading a team of 14 in providing philanthropic advice to the company's high net worth clients and management services for their foundations and donor-advised funds.
Grayson advises clients on issues such as formalizing their philanthropy, charitable giving strategies, impactful grant-making and involving the next generation in philanthropic activities. She and her team also provide turn-key, comprehensive foundation and DAF management services, shouldering all the administrative responsibilities, so clients can simply experience the joy of giving and the positive impact it has on their families.
Grayson received her law degree from the University of Southern California Law School, her chartered advisor in philanthropy designation from The American College, and her bachelor's degree from Middlebury College. She is also trained as a mediator through the Los Angeles County Bar Association.
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.
