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.
Alexander D. Weidner, CPA, CFE, is president at Rudler PSC, an independent accounting firm in the Greater Cincinnati area. Weidner is focused on strengthening Rudler's unique culture and evolving the firm to provide more value to clients. He started as an intern in 2007 and worked his way up to shareholder. He played an integral role in developing Rudler's Client Advisory Services department, which aims to create more value added services for clients. He likes to focus on nonprofits, closely held businesses and high-net worth individuals, and leverages his Certified Fraud Examiner designation to assist clients with fraud investigations and designing controls to reduce risk of fraud.
Ken Eyler is CEO of Aquilance (formerly My Accountant), which advises multi- and single-family offices and select business enterprises.
Previously, he spent more than a decade in a senior executive role and member of Arthur Bell, an international CPA and advisory firm focused exclusively on high net worth families and alternative investment vehicles. He serves on the boards of Argonne Trust Company and Sustainability Angels, a nonprofit focusing on environmental stewardship and luxury recycling.
Jennifer Harrity-Cantero, SEA, brings more than 20 years of business and marketing experience to her role as the leader for the Sensiba Center for Sustainability at Sensiba LLP. She leads the firm's core sustainability efforts as well as consults with small to medium size business clients assisting with their sustainability strategy. She led the firm's B Corporation certification process, resulting in SSF becoming the first California accounting firm certified as a B Corporation. In 2020, she launched the firm's Sensiba Center for Sustainability, to help companies move to a purpose-driven, sustainable business model that includes social and environmental performance, accountability, and transparency. Harrity-Cantero hosts the Rebooting Capitalism podcast that digs into why traditional capitalism is broken and what people are doing to fix it. She also as honored in 2021 by the San Francisco Business Times as one of the 100 Most Influential Women in Businesses. She received a dual bachelor's degree in graphic design and photography from California State University, East Bay. She also holds a diversity and inclusion certificate from Cornell University. She has been a member of the Association for Accounting Marketing for the past 10 years and has served on the board for the past several years. Outside of work, she enjoys CrossFit, kayaking, and spending time in the redwoods.
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.
