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.
Ron Schneider is director, corporate governance services for Donnelley Financial Solutions (DFIN). He is responsible for providing thought leadership on emerging corporate governance, proxy, sustainability and other disclosure issues. During his career, he has managed more than 1,600 proxy solicitations, 200 tender or exchange offers, and 30 proxy contests, with his proxy fight clients succeeding in over 70% of such situations. His prior experience includes three years at investor relations agency The Financial Relations Board, three years at AST Phoenix Advisors, and nine years at BNY Mellon. Earlier in his career, he held increasingly senior positions at major proxy solicitation firms Morrow & Co., D.F. King, and Georgeson & Co., where he served on its first board of directors.
Jason brings over 20 years of health care industry experience, with a track record of building successful organizations and delivering innovation. Prior to Sidecar Health, Jason had various executive roles at Centene Corporation, which covers 25 million Americans. Jason graduated from Washington University Olin School of Business with concentrations in Finance, Accounting, and German. He enjoys travel with his family and is working to lower his golf handicap and improve his offshore fishing knowledge.
Faheem Shakeel, Damco Solutions' VP for Insurance, is a veteran of insurance technology strategy. He has been instrumental in developing proprietary, homegrown products that cater to diverse customer needs. Shakeel has played a pivotal role in leveraging AI to build advanced solutions that enhance process automation, streamline workflows, and optimize operations in the complex and ever-evolving insurance landscape. His strategic vision and technological acumen continue to drive innovation, enabling insurers to stay ahead in a competitive market.
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.
