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.
Carrie Kelley, who is a Director in the Insurance Consulting and Technology business, joined WTW in 2012 and is based in the Atlanta office. Her primary areas of practice are individual life insurance, COLI/BOLI products and principles-based reserving. She has assisted clients across a range of M&A, reserving, and financial modeling issues.
Richard McBride is founder and CEO of Certino, a cloud-based shadow payroll platform. He is a chartered accountant and chartered tax advisor with over 35 years in the industry and expert knowledge in global mobility, international employment tax and reward. Prior to founding Certino in 2017, he set up and led the global mobility function at Baker Hughes, delivering more than $250 million in employment tax cost savings over eight years (2008–2016).
Andrew Housser is an accomplished entrepreneur and investor, and the co-founder and co-CEO of digital personal finance company Achieve. Previously, Housser worked in the financial services industry, doing private equity investing with Littlejohn & Co., and working in investment banking at Salomon Smith Barney. He has been named to the Silicon Valley 40 under 40 list and is a past winner of the Ernst & Young Entrepreneur of the Year Award for Northern California.
Outside of Achieve, Housser is a part-time angel investor and has served on the board of directors of several startup companies and two independent schools. Andrew received his MBA from Stanford Business School, where he was an Arjay Miller Scholar and received a BA summa cum laude from Dartmouth College, where he was a member of Phi Beta Kappa.
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.
