09/08/2020
Greetings to my clients and friends. I hope you had a great Labor Day weekend. This is to provide an update regarding CARES Act funding and what many are calling PPP2.
For PPP loan recipients, I know that many of you are eager to have your loan forgiven and get the liability off of your balance sheet. Lenders have not been rushing to process application because the rules have changed in the past and the smaller loans may receive automatic forgiveness. The loans, however, are accruing interest at an annual rate of 1%. The American Institute of CPAs is advising borrowers to be patient and wait a little longer before applying for forgiveness https://blog.aicpa.org/2020/07/5-reasons-borrowers-shouldnt-rush-their-ppp-forgiveness-applications.html .PzQwB5Ak.3ehXlOaL.dpbs. For any payments due to the lender, time is not of the essence. When you apply for forgiveness and elect a “covered period”, the clock starts ticking and the first of any required payments is due 10 months after the end of the covered period. The question remains whether qualified expenses on the forgiveness application are tax deductible. Here is an example to illustrate:
A fictional small business received a PPP loan of $100,000 from their bank. They elect the 24 week coverage period and demonstrate that their qualified payroll costs exceed $100,000 during the 24 weeks. Their application for forgiveness is approved and the SBA pays off the bank and 100% of the loan is forgiven. Interest was accruing at 1% for 6 months so the business pays the bank $500 and the loan is retired. What about a 2020 tax liability? The CARES Act states that PPP loan forgiveness does not trigger “cancellation of debt income” (see TAXABILITY on page 52 of the Act). But the IRS has taken the position that the expenses used to qualify for forgiveness can’t be used as a tax deduction. The fictional business has a tax rate of 21%. The $100,000 in income is not taxed but 2020 payroll expenses are adjusted down by $100,000. So taxable income increases by $100,000 and the owners of the business need an additional $21,000 to pay their tax liability in 2021. That means that, in that scenario, of the $100,000 the government provided to the fictional business as CARES Act funding, they have to return $21,000 to the government.
Congress may over-rule the IRS on the deductibility of expenses but that remains to be seen. In the meantime, I suggest business owners with a PPP loan estimate your 2020 tax rate, apply that to your PPP loan amount and strive to maintain that as a tax reserve. Let me know if you need help with your tax planning for 2020. This fall is a great time to do it.
If your business or organization is cash flow challenged because of the pandemic there may be more relief on the way. Congress is likely to pass some form of PPP2 funding, whether it is a trimmed down version of the House’s HEROES Act, a revised version of the Senate’s HEALS Act, or a new bill that focuses on what the House and Senate do agree on. They do agree on making more PPP funding available. Congress may make the $134 billion of unused PPP funds available to borrowers who have revenues below 50% of a year ago. And they may add to the dollar amount. A second round of stimulus checks to individuals is also likely.
There is, however, no guarantee of what additional pandemic assistance will be signed into law. Congress will be debating a continuing resolution this month to avoid another government shut-down. Other sources of cash that you may need to access include:
• Cash flow from a new revenue stream if you can develop one or more
• CARES Act funding if you have a state or local government agency making grants or low interest loans (yes, for-profit businesses are getting grants in this environment)
• The Employee Retention Credit defined in the CARES Act, for those who did not receive and retain a PPP loan https://www.irs.gov/newsroom/covid-19-related-employee-retention-credits-general-information-faqs
• Debt financing; the traditional SBA funding or Main Street Lending Program funding that I have talked about in the past
If you need help with financing, scenario planning or cash flow forecasting I am happy to help with that as well.
Best wishes to all for a healthy and prosperous week,
Fred
Fred Peck, CPA
Owner, Kingfisher Financial PBC
21146 Camper Road
Suite 100
Rathdrum, ID 83858
509.879.4716
www.kingfisher-cpa.com
[email protected]
Offering CPA services in the Inland Northwest and nationwide, Fred Peck can help you reach your personal and corporate financial goals