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.
John Bovenzi is a co-founder of The Bovenzi Group, a boutique financial consulting firm. He served as deputy to the chairman and chief operating officer of the Federal Deposit Insurance Corp. for 10 years.
Grayson Milbourne is the Security Intelligence Director at OpenText Cybersecurity, a division of OpenText. Grayson's nearly two decades of security intelligence expertise include malware analysis, data science, and security education. In his current role, Grayson is focused on efficacy development to ensure the company's security management products (which include the Webroot portfolio) are able to defend against the most cutting-edge threats.
Grayson is a longtime advocate for better 3rd party testing of security products and represents OpenText Cybersecurity at the Anti-Malware Testing and Standards organization, AMTSO. Through his efforts, AMTSO released testing standards that greatly improved testing quality when followed. Grayson is an avid participant in the security community and drives awareness of current threats by speaking at major events such as RSAC and Virus Bulletin. He is a frequent guest on local NBC affiliates and several cybersecurity podcasts. Beyond his passion for protecting people from cyberthreats, Grayson loves aviation and holds a private pilot license. His other passions include strategic boards games, skiing and playing golf. He lives in Louisville, Colorado with his wife, Danielle and their two cats, Theodore and Aiden.
Merrilee Matchett is the head of Global Customer Service & Operations and a member of the Strategic Advisory Group for MetLife. In this role, she directs a team of more than 10,000 associates responsible for managing the operations and servicing teams that support and enable the U.S. Group Benefits, Retirement & Income Solutions, MetLife Holdings, and Asia, EMEA and LATAM businesses across more than 40 global markets. She is also the Chairperson of MetLife Europe, and MetLife Europe Insurance.
Matchett joined MetLife in 2021 from Bank of America, where she was responsible for service and operations for global wealth management, private banking, and institutional and personal retirement businesses supporting more than $3 trillion in client balances. She was also the Chairperson of Financial Data Services, LLC, responsible for the end-to-end operational support of domestic and offshore mutual funds.
Matchett has been an advocate for diversity and women in financial services throughout her 30-year career and has been recognized with numerous market awards for outstanding service and operations performance. She is a member of the MetLife enterprise Diversity, Equity & Inclusion Council, and represents MetLife on the board of INROADS, helping to provide career pathways for talented diverse youth across the United States.
She holds a B.A. in management with a law major from the University of Canberra, Australia. Additionally, she is FINRA accredited and licensed to trade and run a broker dealer.
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.
