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.
Amanda Riley joined HealthEquity more than 12 years ago and has worked in member services, operations, sales and now focuses on enterprise relationships. The majority of her work has been focused on helping to shape and evolve benefits programs at organizations of all sizes. Amanda lives in Washington state and can be found on LinkedIn.
Aaron Cirksena, founder and CEO of MDRN Capital, has devoted his entire career to financial planning, distribution planning and managing client money.
He worked with multiple $1 billion teams at Morgan Stanley and independent firms, and eventually created his own independent services firm in MDRN Capital. As a fully digital firm, MDRN prioritizes efficiency and convenience, providing remote consultations and digital account opening.
Founder and Director of the IoT Insurance Observatory, and Global Ambassador of the Italian InsurTech Association.
Internationally recognized as an insurance industry strategist and a world-renowned authority on InsurTech, he has worked in 20 different international insurance markets. Co-author of a book, 18 papers and more than 100 thought-leadership articles on insurance innovation. He has been invited to speak at more than 200 events across the world.
Accomplished business leader who co-founded Archimede, a SPAC that raised €47M and acquired the Italian insurance carrier Net Insurance in 2018. As board member and chairperson of the innovation advisory board, played a key role in the success of the listed combined entity. This journey resulted in Poste Italiane's acquisition of Net Insurance in May 2023, generating a 120% return for SPAC investors.
Before creating Observatory and co-founding Archimede, he spent 11 years in Bain & Company. He received his Business Administration degree from Bocconi University, also executive program certificates in IoT and data monetization from the MIT Sloan School of Management.
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.
