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.
Laura Cave is the Chief Brand Officer at Paytient, a healthcare technology company building flexible payment solutions to help people access and pay for care. Laura has played a pivotal role in shaping the narratives of innovative healthcare companies, including Oscar Health, K Health, and Ansel Health. At Paytient, she champions financial solutions that empower employees and health plan members to manage medical expenses without financial strain.
Wilbur Jenkins is the Executive Vice President & Chief Operating Officer at WoodmenLife — an industry leader with more than $11 billion in assets — where he leads Core Operations, Human Resources, and Strategic Initiatives with a focus on driving digital transformation to enhance the customer experience. His career includes senior roles at Argo Group International Holdings and Hartford Financial Services Group. Jenkins is known for his ability to lead cross-functional teams across enterprise-wide functions to achieve strategic goals.
Gemma Ros is the chief technology officer at TheZebra.com, the company simplifying the insurance shopping experience. In this role, Gemma leads the engineering, DevOps, and data teams, driving innovation and operational excellence. She is an excellent source on technology innovation in the insurtech space, what it means to be an impactful and effective leader, her journey to the CTO role and more.
Gemma is a senior technology executive and business strategist with more than 20 years of experience in financial services and product development. Gemma began her career as a developer at a bulge bracket investment bank, where she gained deep expertise in building robust, scalable, and low-latency trading and risk management systems in dynamic environments. After eight years on Wall Street, she co-founded a technology startup, then expanded her expertise to insurtech and private lending before joining TheZebra.com in 2022.
Throughout her career, Gemma has been recognized for delivering high-impact technology solutions, building and scaling high-performing teams, and attracting and retaining top engineering talent.
She holds a master's degree in computer science from the University of Pennsylvania and a bachelor's degree from Dartmouth College. Outside of her professional experiences, Gemma enjoys spending time with her kids, reading, and adding to her ever-expanding Lego collection.
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.
