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.
Michael Liersch is head of Advice and Planning for Wealth and Investment Management, which is responsible for developing and propagating research-based methods to help advisors and clients most productively collaborate around their money decisions. Prior to joining Wells Fargo, Michael worked at JPMorgan Chase where he served as managing director and global head of Wealth Planning and Advice. Prior to his role at JPMorgan Chase, he served as head of Behavioral Finance and Goals-based Consulting at Bank of America-Merrill Lynch, and as head of Behavioral Finance at Barclays Wealth, Americas. He was also a faculty member at New York University, where he taught management and organizational analysis.
Indy Guha is chief marketing officer at Signifyd.
Jeffery is a senior analyst serving financial services digital strategy professionals, helping them evaluate the implications of digital innovation on their businesses. His research focuses on the intersection of secular trends and technological advancements, such as the internet of things (IoT) and sensors, artificial intelligence and machine learning, and natural language processing, as these advancements are changing the way financial services firms do business and interact with their customers.
Jeffery has more than 10 years of experience working with C-suite executives and senior business leaders to shape business strategy at insurance clients. Prior to joining Forrester, he was an associate director at Ernst & Young (EY), where he led EY’s Americas’ insurance sector market research and insights program, working closely with senior engagement partners to drive growth at key global and US accounts. Before EY, Jeffery was a senior manager at PriceWaterhouseCoopers (PwC), where he delivered insurance industry and company research, analysis, and thought leadership support to client service partners and their engagement teams during consulting pursuits and engagements. Prior to PwC, Jeffery was employed for five years as an equity analyst at global and regional investment banks, covering the retail and consumer and automotive aftermarket industries.
Jeffery holds an MBA from the Darden School at the University of Virginia in Charlottesville, Virginia. He received his bachelor’s degree in agribusiness from Florida A&M University in Tallahassee, Florida.
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.
