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.
Stefan is one of the co-founders and now Senior Product Owner for TeamMate Analytics. He began his career as an Auditor at KPMG. During 9 years there, he also spent time in Internal Audit, Forensics, Transaction Services and Management Consulting working with a wide range of clients from small owner-managed businesses to FTSE 100 companies. Stefan has a huge passion for Data Analytics and increasing its use in auditing.
Kim Conaway, CPA is a Product Manager for the Accounting and Audit Solutions. Kim has been with CCH
since 2003. During her time at CCH Kim spent almost six years on the Engagement Training and
Consulting Team helping hundreds of accounting firms improve their processes through technology and
efficient audit techniques. This experience gives Kim a unique understanding of the needs and best
practices for firms of all sizes in her current role as and the Product Manager for Engagement,
Engagement Organizer, Knowledge Coach and TeamMate Analytics. Prior to joining CCH Kim spent over
four years in public accounting working for two local Pittsburgh firms focusing primarily on audits,
reviews and compilations of commercial, not for profit, and governmental entities.
Erwann is a leader of McKinsey's North American Insurance Practice. He brings 20 years of experience defining and executing value creation strategies and at-scale impact to his clients on topics of transformation, resilience, risk management, organizational effectiveness, risk culture, behavioral economics and decision making. He is passionate about developing and applying (digital) innovations to improve business competitiveness and public sector service.
Award-winning author of seven books, he has been recognized by the World Economic Forum as one of the most extra-ordinary leaders of the world under 40. Before joining McKinsey, Erwann held senior positions at leading corporations, non-for-profits, international organizations, and academic institutions on several continents.
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.
