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.
Dr. Selma Hepp is the chief economist at Cotality.
The Hazard HQ team provides real time updates on the impacts of natural hazards on property. From blazing wildfires in California to hurricanes along the Gulf and Atlantic coasts to even tropical cyclones and earthquakes worldwide, this global team keeps tabs on catastrophic activity. They release explanations of the probability of homes impacted, the kind of damage we foresee and the dollar value of losses. In addition, they provide expertise and guidance to the industry on how to be more resilient and help protect homes in the face of natural hazards.
President and CEO Jill Castilla led a 180-degree turnaround at Citizens Bank of Edmond through her approach to Fintech and social media. She changed the story of the Bank from one of near collapse and failure to one of great success and innovation. Jill has told the story of the turnaround at conferences nationwide and to 5,000+ people in various industries. Jill broke virtual radio silence through the power of social media by leading the bank from having no audience to more than 30,000 followers who engage with the Bank through Twitter, Facebook, YouTube and Instagram. Jill was named “Most Admired CEOs in Oklahoma"; “Most Innovative CEOs in Banking”; "Community Banker of the Year"; and "Most Powerful Women in Banking" in 2015. She ranks #1 on ICBA’s list of Twitter influencers. Citizens’ community appreciation event implemented by Jill, “Heard on Hurd,” had more than 100,000 attendees in 2015 and generated more than $2.4 million in economic activity. Jill previously served in the U.S. Army and Oklahoma Army National Guard as a construction and civil engineer. Prior to joining Citizens Bank, she was at the Federal Reserve Bank of Kansas City and with a community bank in Minnesota. Her academic background includes a Master’s degree in Economics from the University of Oklahoma and she is a graduate of the University of Wisconsin-Madison’s Graduate School of Banking. Jill is a distinguished alumna of Hawaii Pacific 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.
