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.
Janet King is Senior Vice President of Content Strategy at Arizent, where she leads custom research and thought leadership initiatives serving the financial services industry. She specializes in translating audience insights into data driven storytelling that helps firms strengthen strategy, engage advisors and drive measurable business impact. Janet has held senior research and insights roles at Arizent, IDG and HIMSS.
Ryan Frazier is the co-founder and Chief Executive Officer of Arrived, a financial technology platform that empowers investors with the opportunity to build wealth through modern real estate investing.
Megan Ryan is a payments professional specializing in digital innovations and emerging technologies. For five years, until 2026, she worked for the Federal Reserve Bank of Chicago as a payments policy specialist. At the Federal Reserve she focused on examining how technological advancements are reshaping the way individuals and businesses move money, with attention to the policy implications of these innovations. Her publications have covered the evolution of cryptocurrency and stablecoins, the impact of quantum computing on payments, offline digital payment capabilities, digital identity feasibility, and financial inclusion. She is passionate about understanding the gap between technological possibility and practical implementation, ensuring that payment innovation serves the broader goals of efficiency, security, and accessibility of the financial system. She has a Masters in public policy from Northwestern University and a Bachelors in Marine and Conservation Biology from Seattle University.
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.
