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.
Ravi Govindaraju is head of Connected Banking at Chase.
Craig Kurtzweil is the chief data and analytics officer at UnitedHealthcare Employer & Individual. In this role, he is responsible for leveraging healthcare's largest data set to help enable informed health care decisions, ensuring consistency across internal and external reporting, exploring new ways to apply data through machine learning and artificial intelligence, and making data a competitive differentiator for UnitedHealthcare in the marketplace. He is known for his leadership in delivering compelling insight based on data and analytics in a narrative that supports the vision of helping people live healthier lives and making the health care system work better for everyone.
Craig joined the organization in 2005 to begin building a team of strategic customer analytics specialists. Since then, he has been focusing on enhancing the role that analytics plays in the ability to support National Accounts customers. Craig formed the Center for Advanced Analytics to focus on analytic innovations that change the way we evaluate health care value. His teams also focus on the largest and most complex clients that require a deeper and broader view of data, ranging from cost and utilization data to productivity and disability exposure. He is constantly working on the next generation of health care analytics.
Prior to joining UnitedHealthcare, Craig served as an actuarial consultant at Deloitte. Craig graduated University of Minnesota with a Bachelor of Science in actuarial science. He lives in Minnesota with his wife, son and daughter.
Patty Starr is president and CEO of Health Action Council and is responsible for driving the strategic direction of the organization--build stronger, healthier communities where business can thrive. Since joining the Health Action Council staff in 2013, she has transformed the organization yielding broad national expansion and seven consecutive years of growth.
Patty is a member of the Advisory Board at the Heritage College of Osteopathic Medicine and the Board of Directors for Health Policy Institute of Ohio (HPIO). She has also served on the Board of Directors for the Better Health Partnership, Ohio Patient-Centered Primary Care Collaborative and Health Action Council before becoming executive director in 2013. In 2022, she was named a Woman of Influence by Cleveland Business Journal, and in 2018, she was named among Notable Women in Healthcare by Crain's Cleveland Business.
Prior to Health Action Council, she was the senior director of health insurance and benefits at the Council of Smaller Enterprises (COSE) and president and founder of The Ark Individual Insurance Brokerage.
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.
