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.
Hardy Manges is Head of Municipal Dealer Sales at MarketAxess, responsible for new business development and strategy, training, and relationship management with dealers in the institutional municipal market.� Mr. Manges joined MarketAxess in February 2016 from Cantor Fitzgerald & Co. where he was Co-Head of the Municipal Debt Capital Markets Group.� Prior to that he was Head of Municipal Sales and Trading at Mitsubishi Securities.� He has extensive experience in secondary municipal market liquidity and trading and has held a variety of senior positions in the municipal divisions of Alex. Brown & Sons, BankersTrust and Deutsche Bank.� Mr. Manges received an M.B.A. in Finance from Loyola University Maryland and a B.A. in Economics and Spanish from Denison University. �
John Gallagher is Head of Municipal Bonds and U.S. High Grade Product Management at MarketAxess, responsible for managing Municipal Bond and U.S. High Grade product development.�Mr. Gallagher joined MarketAxess in 2002 following the acquisition of TradingEdge, Inc. which he had joined in 2000 with the responsibility for high yield and distressed debt sales. At MarketAxess, Mr. Gallagher was initially responsible for electronic trading product development for U.S. high-grade, high yield, U.S. Agency and emerging market debt markets. Mr. Gallagher also piloted the development and sales for MarketAxess’ first inter-dealer trading platform, DealerAxess�, as well as the launch of the firm’s credit derivatives trading platform in 2005. Mr. Gallagher began his career as a fixed income and mortgage-backed securities (MBS) trader and has an established track record in MBS sales and trading with senior roles at various broker-dealers such as Merrill Lynch and Nomura. Mr. Gallagher received a B.A. in Economics with a Minor in German Language from Fairfield University.
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.
