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.
Damith brings deep technical and executive experience to his role as Loadsure CTO, where he's responsible for strategic technology planning, innovation, and, ultimately, delivery of Loadsure's insurtech platform. In addition, Damith provides a 360-degree view of available technology capabilities, informing strategically sound business decisions by the leadership team.
Prior to joining Loadsure, Damith served as 30dB CTO. There, he architected and built a highly scalable social sentiment engine that delivered real-time insight into both public opinion and what drives it.
It is within the multinational conglomerate, IAC Applications, that Damith grew from senior engineer to technology executive. His responsibilities spanned technology strategy and architecture; business plan development; management; reorganization; and funding of teams across IAC business units, the likes of Pronto, Mindspark, and Ask.com.
As IAC Applications' Vice President of Data, Damith took on broad responsibility for everything from shared data and information strategy to the website, search engine, and its underlying technologies.
Michael Stuart is a behavioral healthcare leader with more than 30 years' diverse experience, ranging from executive management in large behavioral healthcare systems to teaching daily living skills to autistic children. Mike has worked with tens of thousands of people, with a focus on actionable, tangible steps to integrate health and wellness into everyday life. He specializes in teaching the importance of developing and utilizing a strong mindset to address and overcome health and wellness challenges, including addiction and mental well-being. As the Executive Director at AllOne Health EAP, he leads the team in delivering EAP and whole health benefits to organizations, employees and their family members.
During her college experience, Sara changed majors multiple times — and found it hard to retain what she was learning without being able to apply it to a specific career path. Upon graduation with her Associate's Degree, Sara was struggling to find a job and debated pursuing her Bachelor's, only to realize her peers with a four-year degree were also struggling in the job market. When she saw a TikTok advertising an opportunity to earn money while being trained for a successful tech career, without having to sit in another lecture hall, she knew she had to try it. Over a year later, she's a data analyst apprentice at Intermountain Health and championing apprenticeships for those who know college isn't their route to success.
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.
