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.
Dan Astrachan is CEO of Bridgepoint Alliance, an accounting and advisory platform built to help entrepreneurial firms grow while preserving their team, culture, client relationships, and local identity. Bridgepoint launched in partnership with CRR Advisors, a Massachusetts-based accounting and advisory firm that has served business owners, executives, and individuals for over 30 years.
Georgina Bulkeley serves as a Managing Director of Global Financial Services and an Industry Leader at Google Cloud. In her role, Georgina works with Banking, Insurance and Capital Markets clients around the world and regularly acts as a spokesperson for Google Cloud.
Georgina brings more than 24 years of experience in the Financial Services Industry. She most recently served as the Chief Operating Officer at NatWest Retail Bank, having previously been the Director of Risk and Compliance and the Head of Financial Strategy. While at NatWest she delivered a number of award-winning Banking innovations in the areas of Voice Banking and Biometric Debit and Credit cards. Prior to NatWest, Georgina was the Director of Structured Finance at Standard Life Investments and she started her career at Goldman Sachs in the Investment Banking and Capital Markets Divisions. She has also served as a Board Member at both FreeAgent, the award-winning Cloud based SME accounting platform and the Edinburgh Sculpture Workshop.
Georgina holds an LLB in Law from Durham University and Diplomas from Oxford University, London Business School and Singularity University in Silicon Valley. She is also a Fellow of the Salzburg Global Finance Forum, an Associate at the Edinburgh Futures Institute and a mentor on the FTSE100 Mentoring Foundation Executive Programme.
Eric Joost is President of Artificial, where he leads the company's U.S. expansion and works with specialty brokers and carriers to modernize how placement and underwriting get done. He has extensive experience across brokerage, underwriting, operations and technology in the commercial insurance market.
Before joining Artificial, Eric held senior roles at WTW, Aon, Allianz and CAC Group, where he worked hands-on with insurers and brokers to modernize legacy processes, build new distribution channels and translate emerging technology into measurable business outcomes.
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.
