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.
Dr. Donald Mullineaux is the DuPont endowed chair in banking and financial services emeritus in the Gatton School of Business and Economics at the University of Kentucky. He served on the board of directors at the Federal Home Loan Bank of Cincinnati from 2011 to 2023, including six years as chair.
Jody Bhagat is President of Americas at Personetics, a global leader in data-driven personalization and customer engagement for financial institutions. In this capacity, he is responsible for driving customer impact and establishing market leadership with the company's Self-Driving Finance proposition. Personetics delivers personalized insights, advice, and automated programs to help customers improve their financial well-being. Previously, he was a Partner at McKinsey, where he helped financial institutions execute digital transformation programs to drive organic growth. Jody has also held digital leadership roles at leading AI-driven fintechs and North American Banks, including U.S. Bank, Wells Fargo, Providian, and Citizens Bank.
Yaniv Bertele, co-founder and CEO of VESTTOO, is an experienced strategist and business development and investment executive.
Before the establishment of Vesttoo, Yaniv served as VP Business Development in a number of global companies, including Consumer Physics, Goji, CTG Holdings and Poseidon Diving Systems; In addition, while leading the corporate VC of Mekorot, Israel's National Water Company, he personally led 16 different equity investments in various startups, including the successful exit of Bacsoft. Acquired by Sun Corporation (TYO: 6736). Yaniv holds a Master's degrees in Physics and Mathematics and is an active reserve officer at an IDF Elite Unit.
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.
