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.
Chris Cioffi is a senior congressional reporter at Bloomberg News.
Rajeev Khanna is the chief information officer at Trucordia. He is a seasoned executive leader with over three decades of experience in insurance and other industries, directing global technological operations, product development, and infrastructure management. He balances strategic thinking with innovation and hands-on execution, leveraging his deep understanding of how technology can unlock value in the insurance industry. His expertise spans e-commerce, banking, technology, and professional services. With a passion for building effective and sustainable teams, Khanna has fostered collaborative environments while managing globally dispersed operations through his leadership and top talent mentorship.
Mark Rems is a principal and national leader of the KPMG Indirect Tax Technology practice. Based in Philadelphia, he has roughly 25 years of tax and technology experience helping clients improve their indirect tax function. He has led large global tax engine implementation projects for a variety of ERP systems including SAP, Oracle, and MS Dynamics. He also has extensive experience in programming and application development which includes developing custom integrations and standalone programs to assist clients with their indirect tax calculation and reporting processes. He has deep sales and use tax compliance experience and has helped clients centralize and automate their monthly compliance function. He has direct experience working in a number of niche tax technical areas such as motor fuels, excise taxes, telecom taxes and lease taxes.
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.
