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.
Scott Beeman joined Aflac as senior vice president; president of Premier Life, Absence and Disability Solutions (PLADS) in 2020, responsible for leading all aspects of Aflac’s PLADS business. With more than 20 years of leadership experience in the insurance and health care industry, Scott is a visionary with a proven track record of channeling his passion and creativity not only into driving revenue and profitable growth, but also into instituting scalable and sustainable infrastructures and leading the pace and progress of restructurings, product development, and organizational change management programs to realize growth and create new value.
Prior to joining Aflac, Scott was president and chief operating officer of Benefit Harbor Insurance Services, LLC. He also previously served as head of Business Strategy, Operations and IT for the Life, Disability and Absence Management program at Zurich, responsible for the creation of the overall strategic value proposition and execution of its life insurance and disability operations with emphasis on the growth of the group life insurance business. Prior to joining Zurich, Scott held numerous leadership positions with Aetna, including head of Life and Long Term Care Businesses and chief executive officer of Aetna Workforce Availability, where he successfully demonstrated the ability to launch and exponentially grow both new and well established businesses. Prior to joining Aetna, Scott held positions of increasing responsibility in various sectors of the health care industry. He previously co-founded his own company, specializing in Internet-based information systems for the high-tech medical equipment sector, which he successfully negotiated for sale in 2001.
Within his local community, Scott serves on the board of The Cove Center for Grieving Children. He holds a Bachelor of Science in health policy and management from Providence College in Rhode Island and earned a certificate of professional development in executive leadership from The Wharton School at the University of Pennsylvania.
Marla Willner is the head of commercial credit management and strategic Initiatives for TD Bank. She is also executive sponsor of the bank's Women in Leadership Employee Group.
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.
