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.
Rama Sreenivasan is co-founder and CEO of Blitzz, a live, app-free remote video support and inspection platform. Sreenivasan has led the company through its initial inception, launch, and subsequent growth to several million video support minutes per month. Major customers include BMW, Sealy, Fedex, and Rogers telecommunications.
Before founding Blitzz in 2017, Rama spent several years working as a scientist and educator. His biggest joy comes from helping others solve their problems and he is passionate about finding effective ways to disseminate knowledge. Sreenivasan has a PhD and MS in chemical engineering from the University of Maryland, College Park. He also did his post doctoral research at MIT in Cambridge, Boston.
Steve is a partner in PwC's Risk Modeling Services practice. He leads PwC's US Climate Risk Modeling team and has more than 24 years of experience in actuarial risk and financial modeling. Steve's team is comprised of actuaries, financial analysts, PhD climate scientists, data scientists, geospatial engineers, and other climate risk specialists. His approach blends climate science with geospatial analysis and financial modeling to help clients identify, measure, and manage climate risk exposure. Projects include climate change risk assessments and quantification for both physical and transition risk, emissions optimization, and other financial and risk modeling projects. Steve has a degree in Mathematics from Saint Joseph's University in Philadelphia, Pennsylvania. He is a fellow of the Society of Actuaries and a Chartered Enterprise Risk Analyst.
Osho Jha is a co-founder of Arbol currently serving as its Chief Data Scientist. He is also a founding partner of dClimate, the first decentralized climate information ecosystem. As Chief Data Scientist at Arbol, he oversees the development of data-driven parametric products and climate risk solutions. Osho comes to Arbol with over a decade of experience as a product-focused data scientist. His experience ranges from cutting edge NLP research for DARPA resulting in a speech-to-speech translation system deployed by the U.S. military to using exhaust data for trading global equities.
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.
