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.
Challengers like Joust, Lili and NorthOne that offer banking services to freelancers and small-business owners are getting record levels of new customers as the traditional workforce thins.
Participation in the Main Street Lending Program for midsize companies is partly about public service, but the core business rationale is building "a banking relationship that continues on for some time," the Boston Fed chief says.
Dr. Bart Hildreth is professor and former dean at the Andrew Young School of Policy Studies at Georgia State University in Atlanta. Previously, Bart spent 30 years as a business school professor at Wichita State University (including interim business dean), LSU, and Kent State. His expertise is state and local finance, with a specific focus on municipal securities and tax policy.He is a public member of the Board of Directors of the Municipal Securities Rulemaking Board (2012-2015). He has served on the National Advisory Council on State and Local Budgeting and the Governmental Accounting Standards Advisory Council, received two gubernatorial appointments to serve on the board of the Kansas Development Finance Authority, chaired a state-wide tax review committee, served on several GFOA national committees (including the disclosure task forces), and held the position of Director of Finance for the City of Akron, Ohio where he had financial responsibility for the successful workout of a technical default on a waste-to-energy facility.Since 1989, he has served as the editor-in-chief of the only refereed journal devoted to municipal securities, the Municipal Finance Journal. In addition to numerous journal articles and books, his publications include State and Local Government Debt Issuance and Management, the Handbook on Taxation, and Budgeting: Politics and Power (Oxford University Press, 2010).A Fulbright Scholar (at McGill University, Montreal), he also received the 2008 national award for lifetime scholarly achievement in the field of public budgeting and financial management. Bart�s degrees are from the University of Alabama (B.A.), Auburn University at Montgomery (M.P.A) and the University of Georgia (Ph.D.).
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.
