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.
Eric Woodward is the senior advisor to Socure.
Socure provides digital identity verification and identity fraud prevention. Founded in 2012, the company's mission is to verify 100% of good identities in real time for customers including financial institutions, government agencies and enterprises across all industries.
Prior to Socure, Woodward was engaged in more than a dozen advisory roles — from advising public and private CEOs to senior executives to private equity firms — for digital identity, payments risk and data infrastructure opportunities. Before these advisory positions, Woodward was the group president of Early Warning, a financial institution data consortium, and the parent company of Zelle. During his time at Early Warning, he led the risk services business and initiated the build-out of Zelle's real-time fraud and risk capabilities. Prior to that role, he led the strategy and M&A group at Early Warning.
Peter Pezaris is New Relic's Chief Design and Strategy Officer, leading user experience vision and design and design system and quality. Prior to New Relic, Pezaris was the Founder & CEO of CodeStream, a service that helps development teams discuss, review, and understand code. Before CodeStream, Pezaris was Founder & CEO of Glip, a team collaboration platform acquired by RingCentral in 2015, and Multiply.com, a social commerce platform acquired by Naspers in 2010. He also founded Commissioner.com, one of the first online fantasy sports platforms, which was acquired by CBS in 1999. A seasoned entrepreneur and tech executive, Pezaris is a recognized expert in the collaboration and social networking space, pioneering several of today's most commonly used features in real-time messaging. Pezaris holds BS degrees in Computer Science and Applied Mathematics from Carnegie Mellon University.
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.
