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.
Bonnie Sinnock is National Mortgage News' Capital Markets Editor at Arizent and has worked for NMN and affiliated publications since 1995. Her previous roles have included assisting in the coordination of origination coverage, technology reporting and chronicling cross-border issues.
Bonnie currently edits and writes about mortgage capital markets topics that include servicing, acquisitions, industry funding sources, securitization and other secondary market sales. Secondary market topics covered include two government-sponsored enterprise loan buyers that the U.S. has been considering spinning off part of in a new and potentially groundbreaking initial public offering.
She also has contributed articles to multiple award-winning Arizent series, including:
- Election Coverage (Finalist, Neal Awards 2025), for her 2024 reporting on the likelihood Fannie Mae and Freddie Mac reform in the second Trump administration
- Online Single-Topic Coverage by a Team (American Society of Business Editors, Regional Bronze 2023), for participating in group reporting about industry layoffs.
- Online Breaking News Coverage (Regional Bronze, Azbees 2021) for contributing to a package of stories on about the initial impact of the pandemic on the mortgage market
- Best News Coverage (Neals 2016) for one of the articles in a package delving into multiple aspects of the transformative TILA/RESPA Integrated Disclosure rule
Other journalistic accomplishments and designations include:
- New York Financial Writers Association member
- Reporter for the NonProfit Times, the Courier News, and the Los Angeles Independent
- Published articles in the Los Angeles Times and the Saginaw News
- Bachelor of Science in Journalism degree from Northwestern University
Twitter: @bcynic
The Trump administration’s $349 billion small-business rescue kicked off Friday surrounded by concerns about its ability to handle an expected flood of applications and deliver enough aid to mom-and-pop firms hit hardest by the coronavirus pandemic.
Amanda Albright is a municipal bonds and public finance reporter at Bloomberg News.
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.
