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.
Joe Alim is the VP of Product and Operations at Compt, the number one employee stipends platform that gives people the freedom to choose the lifestyle perks they really want. He is currently focused on ensuring the HR tech startup offers an amazing customer and product experience so that providing and utilizing perks is fun, easy, and gratifying for companies of all sizes and stages. Prior to his current role, Alim co-founded the talent-tech startup, ScholarJet, which he also led as COO. His commitment to building a better future of work begins with improving the employee experience through personalization. He's excited to share his knowledge on scaling benefits and designing successful stipend programs.
With more than 30 years of experience championing causes that inspire social change through sports, entertainment, and pop culture, Lou Raiola is the industry's go-to resource when it comes to uniting stakeholder groups in collective efforts to drive positive social impact. He is also a leading advocate for the adoption of ESG within all types of organizations and is a leading expert on ESG strategy for supply chain stakeholders often speaking on the topic he describes as "The ESG Ripple Effect".
Nicole Stelter, Ph.D., is the director of Behavioral Health at Blue Shield of California, a nonprofit health plan with more than $22 billion in annual revenue serving 4.7 million members in the state's commercial, individual, and government markets.
Stelter plays a key role in implementing Blue Shield's Behavioral Health Reimagined strategy. She is also responsible for providing behavioral health and market/provider expertise across Blue Shield of California's behavioral health initiatives, with a focus on commercial lines of business.
Stelter has more than 30 years of behavioral health experience, most recently serving as Kaiser Permanente's director of National Strategic Customer Engagement, Specialty Consulting for Mental Health, and Health Equity. In this role, she led the company's total workforce health portfolio, including providing internal and external consultation and product development for mental health, occupational health, wellness, Employee Assistance Programs (EAP), and disability management services.
Stelter holds a bachelor's degree in Psychology and a master's degree in Counseling Psychology from California State University-Dominguez Hills and she earned a PhD degree from Capella University in Minneapolis.
Stelter is a licensed marriage and family therapist, a clinical trauma professional, and holds certifications in community/organizational disaster mental health. Her clinical focus has been with the first-responder community (police and fire), and she served as a behavioral health officer in the California Army National Guard (State Guard/Reserves) from 2010 to 2015.
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.
