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.
For more than 20 years, Stephanie has brought her passion for employee wellness to industries of all sizes. Her attention to aligning mental and physical health brought forth a much-needed alignment of wellness and Employee Assistance Program (EAP) services for the clients she has served. She combines fourteen years of EAP experience with a background in Human Resources, coaching and wellness program operations.
Stephanie is a Duquesne University graduate with a Bachelor of Science in Organization Behavior and Leadership, she holds a certificate in Human Resources Management from Robert Morris University and holds a number of wellness certifications, including a Holistic Fitness Specialist and Lifestyle Wellness Coaching certification from NETA and Certified Corporate Wellness Coach (CCWC) from The Spencer Institute. Stephanie has conducted hundreds of speaking engagements and presently serves as the Director of Wellness for AllOne Health.
Michele Harbaugh has been a human resource professional for more than 20 years and currently manages health and benefits for Yoga Joint, which operates eight yoga studios across South Florida. Michele's professional dream is for employees to see human resources as a tool for them, not the dreaded "principal's office". She does this through actively engaging the team, having open and honest conversations, and interpreting policies into everyday language. She is on a mission to put the human back in human resources, help employees thrive at their workplace, and contribute to the company's overall growth.
Dr. Dave Rengachary is Senior Vice President and Head of Underwriting for U.S. Mortality Markets at RGA Reinsurance Company, where he has served instrumental roles in setting the risk philosophy for the department, oversight of US Manual development, leadership roles across numerous USMM underwriting initiatives and regulatory engagements. He previously served as Chief Medical Director for RGA
Prior to joining RGA in 2013, he was a general neurologist in practice at Missouri Baptist Medical Center where he also served as medical director for their Primary Stroke Center. Dr. Rengachary attended the Honors Program in Medical Education at Northwestern University. He then completed an adult neurology residency at Washington University followed by a fellowship in Clinical Neurophysiology. He serves on the board of directors of Memory Home Care Solutions and Oasis, non-profit organizations respectively dedicated to Alzheimer's caregiver support and healthy aging. He has obtained board certification in neurology, insurance medicine, FALU, and FLMI. Dr. Rengachary recently received his executive M.B.A. through the program at the Olin Business School at Washington University.
In 2021 Dr. Rengachary accepted a position as chair of ACLI's Risk Classification Committee. He is Past-President of the Midwestern Medical Directors Association; current Deputy Director of the Longer Life Foundation; Medical Consultant for the Academy of Life Underwriting; and a past member
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.
