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.
Josh Jones is a manager and client-facing consultant at aspirant Consulting, LLC --- an Atlanta, GA-based consulting firm which specializes in data analytics. With more than a decade of industry experience as a consultant, developer, and team manager; he is proficient in developing solutions that transform data into business-relevant insights. Josh works primary in Tableau, relational databases, and teaching best practices between the two. For more information, please visit, www.aspirent.com. He can be reached at josh.jones@aspirent.com.
Craig Roth is research vice president at Gartner Inc. focused on digital workplace trends, messaging, products, segmentation and best practices. This includes cloud office suites, collaboration tools, content services, and how they are dependent on digital dexterity and digital business trends. He researches how knowledge workers get their jobs done today and how they are likely to get them done in the future (the future of work). He speaks to a wide range of general managers, technology CEOs, product marketing, and product managers, service providers, and IT leaders on how to capture the productivity that new ways of work have to offer.
Mr. Roth is the creator of Gartner's Digital Dexterity Index, a scoring model for showing where workers ready for new ways of working are more likely to be found by country, industry, age grouping, and company size. This index helps vendors prioritize sales and marketing efforts and helps companies and agencies to assess their workforce's openness to changing how they work against benchmarks. He has also engaged in special research projects around Enterprise Attention Management (a response to information overload) and how AI and automation will impact the future of work.
Eric Weisbrot is the chief marketing officer of JW Surety Bonds in Pipersville, Pa.
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.
