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.
Sasha Leonhardt and Jon Langlois are partners and David McGee is a law clerk at Buckley LLP where they represent bank and nonbank mortgage originators, mortgage servicers, and secondary market purchasers in regulatory compliance, transactional, and enforcement matters.
Jeff is the Chief Innovation Officer at Transcarent, leading our efforts to design novel products and partnerships supporting our end-to-end Member support services. His interests span from furthering evidence-based health initiatives to innovative opportunities that deliver trusted, simple, seamless and connected solutions that drive value for our clients, Members and the providers themselves.
Prior to joining Transcarent, Jeff was the Health Strategy and Innovation Leader at Mercer Consulting. He was the Chief Medical Officer at One Medical, designing their innovative model of care and was responsible for the company’s B2B strategy. Jeff has also served as the Chief Medical Officer at RedBrick health where he was responsible for the company’s clinical programs (wellbeing, disease management, medication therapy management). Jeff led design, development and ongoing operations of the clinical and coaching programs as well as leading outcomes research for a range of population health programs.
Previously, he was a partner at Willis Towers Watson, where he was responsible for employer based health management programs, employer-provider contracting and onsite/near site clinics. He has operated a national group of 58 primary care medical practices, was Chief Medical Officer of an early ACO management firm and was an analyst at a hedge fund.
Jeff is a board-certified internist and rheumatologist and an Associate Professor at NYU School of Medicine.
Stephen Graziano is the director of channel sales at Flimp Communications. Prior to joining Flimp, Stephen spent most of his career working in the insurance consulting space, specifically in the voluntary insurance and benefits communication arenas. He is passionate about helping employees and employers have a better experience with their benefits through better understanding, higher engagement, and cost savings for both parties.
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.
