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.
Andrew is the founder of Planning Across the Spectrum. From his personal experience as an individual with ASD, he was inspired to create Planning Across the Spectrum to specifically work with individuals, families, and care teams of those with special needs. Andrew is a known national advocate for Autism awareness and serves on various boards and advisory committees. Andrew is CFP®, Behavioral Financial Advisor (BFA™), and Chartered Special Needs Consultant (ChSNC®) among his other designations. (He has more than Michael Kitces.)
Sandra Wiley, the president of Boomer Consulting Inc., is ranked by Accounting Today as one of the 100 most influential people in accounting as a result of her prominent role as an industry expert on HR and training as well as influence as a management and planning consultant. She is a certified Kolbetrainer who advises firms on building balanced teams, managing employee conflict and hiring staff. Her Kolbe Index reveals her to be a visionary leader who is gifted with the ability to tackle emerging as well as future challenges. Wiley is regularly invited to speak at national conferences, and is a popular author who is frequently published by many trade journals including CPA Practice Management Report, Accounting Today, Accounting Web, The CPA Practice Management Forum, The CPA Report of South Carolina, Lagniappe of Louisiana and The Asset of Missouri Societies. She also contributes a regular column covering human resources to the Boomer Bulletin and penned an award winning marketing plan, Rebuilding the Community Bank, published by the Bank Marketing Association. Prior to joining Boomer, she worked for over 16 years in the financial services industry in the areas of human resources, marketing/sales, training, and business development. She has developed and presented over 50 training programs and numerous one-day seminars in human resources and marketing/sales. She was an officer of the American Institute of Banking. Wiley is a graduate of Friends University, in Wichita, Kansas, where she earned a bachelor's degree in Human Resource Management. She also graduated with honors from the University of Colorado School of Bank Marketing. She and her husband, Doug, make their home in Manhattan, Kansas. They have three children: Charlie, Deanna and Sarah.
Sandra Wiley, COO & Shareholder, is ranked by Accounting Today as one of the 100 most influential people in accounting as a result of her prominent role as an industry expert on HR and training as well as influence as a management and planning consultant. Sandra is a certified Kolbe trainer who advises firms on building balanced teams, managing employee conflict and hiring staff.Sandra directs Boomer Consulting, Inc.'s annual Talent Development Advantage and offers her services as co-director of the Performance3 Academy Program as well as the CEO Advantage. She has been in the Strategic Coach Entrepreneurial Team Program for over 10 years and is responsible for communicating its concepts to clients and the Boomer staff.Sandra is regularly invited to speak at national conferences where she empowers audiences with new ideas and a sense of humor.She is a popular author who is frequently published by many trade journals including CPA Practice Management Report, Accounting Today, Accounting Web, The CPA Practice Management Forum, The CPA Report of South Carolina, Lagniappe of Louisiana and The Asset of Missouri Societies. She also contributes a regular column covering human resources to the Boomer Bulletin and penned an award winning marketing plan, Rebuilding the Community Bank, published by the Bank Marketing Association.
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.
