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.
Kevin Cumley is director of the Sage Intacct accountants program where he is responsible for managing the BPO/outsourcing channel in partnership with CPA.com (an AICPA company). He started his career in public accounting during the 1980s implementing the first generation of PC-based accounting systems for small to midsized organizations. Cumley then founded and was president of Forepoint, an award-winning reseller of accounting software, which over the next 20 years became one of the largest and most successful VAR’s in North America and was consistently ranked as a Top 100 firm. For several years prior to joining Sage Intacct he was an executive with Abila developing and building programs for channel partners and the CPA industry.
Cumley has over 30 years of experience in the technology industry providing ERP, CRM and HRMS solutions to small and midsized companies and is recognized as a leading expert in outsourced accounting using cloud financial solutions. He was also a founding member of the Information Technology Alliance, where he served on the Board of Directors and was board chair, along with being instrumental in developing several key initiatives while there including the project management and leadership development programs.
Cumley is a regular speaker at industry conferences and has delivered presentations on a wide variety of topics including cloud solutions, outsourced accounting, mergers and acquisitions, project management, technology trends, process improvement, and business development.
Jim Fitzpatrick is president and CEO of NICSA
Whitfield Athey is CEO of Delta Data, a solutions provider to mutual fund back-office operations.
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.
