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PPP Congressional intent is PAYCHECK Protection, not Profit Protection - shame AICPA

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    PPP Congressional intent is PAYCHECK Protection, not Profit Protection - shame AICPA

    S-corp client asks me, "my $160K PPP loan is being forgiven, so now I have to pay tax on it?!" I respond, "no, CARES act states that forgiven loan amounts are excluded from gross income when used for intended purposes";

    But he doesn't lke that answer, so he comes back and says, "My P&L now shows $160K deduction for expenses paid, but once that deduction is removed, now I'm paying tax on it!"

    So now I finally understand all the discussion earlier this year about how to account for PPP loans. And how most people don't really understand how any loan really works for tax purposes, and how AICPA is deliberately ignoring their own craft (debits/credits, anyone?) to lobby on behalf of business owners against all other taxpayers. And the IRS' position on deductibility is completely correct.

    Forget PPP for a moment. When a business takes out ANY loan, it becomes a liability on the Balance Sheet and the expenses paid with the money are deductible. What a great deal - spend someone else's money (the bank loan), and get a tax break! What is conveniently ignored is that every penny of deduction taken now is offset in the future with a penny of taxable income that doesn't go into the business owner's pocket, instead it is transferred back to the bank. So you get a tax deduction this year based on someone else's money, and you have taxable income in a future year based on someone else's money (repayment of the bank loan with after-tax dollars) -- it's a wash.

    A PPP loan is no different. Essentially, it is a "pass through" benefit intended to help the employees, not the business owner. (Hence Paycheck Protection, not Profit Protection). It is a wash and always will be a wash, since you either (a) get a deduction and then pay back the loan, or (b) don't get a deduction and have the loan forgiven. If you have a business with suddenly no customers, you wouldn't normally pay employees to hang around doing nothing. But Congress wanted to keep those folks off of unemployment (for the optics only), so they said, "here, we'll give you some money so you can keep paying your employees to hang around doing nothing". (which, incidentally, will be partially returned to the government in the form of taxes on that wage income).

    Now to the extent the business owner is also an employee (or sole proprietor), they too are getting the benefit of Paycheck protection. But to suddenly give a double-dip deduction for expenses paid with non-taxable income is a pure govenment handout to a bunch of "welfare queen/king" business owners.
    "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

    #2
    IRS will be taking business owners who scammed them to court for the next few years. What a cluster #$^!

    Comment


      #3
      Here is a simple way to look at it.

      Example 1. Taxpayer owns a restaurant. Restaurant is forced to close due to COVID-19. To avoid going in the hole, the taxpayer lays off all workers.
      Taxable Income = zero
      Payroll expense deduction = zero
      Tax = zero

      Example 2. Taxpayer owns a restaurant. Restaurant is forced to close due to COVID-19. To avoid losing all employees, taxpayer takes out a PPP loan for $20,000 and proceeds to pay all employees so they do not quit.
      Taxable Income = zero
      Payroll expense deduction = zero
      Tax = zero

      The PPP loan forgiveness and lack of being able to deduct the payroll expense did NOT increase tax.
      Last edited by Scarecrow; 12-03-2020, 07:00 PM.

      Comment


        #4
        PPP loans were available in April 2019 and explained - IRS in May says and issues a procedure saying there is not a forgiveness of debt involved, but you have to reduce the PPP expenses you received the PPP for. June both Senators and House representatives involved in the hearings say WAIT that is not what we agreed to at the hearings!!! We go YEAH, thinking Congress is going to overrule the IRS. Did Congress do anything??? November IRS restates their position and in addition say you cannot have expenses if you expect to have the PPPs "forgiven" in next year.

        My local Congressman, also where TaxBook is located, had a virtual town hall meeting TELEPHONE, he stated that they have worked hard to get Nancy on the House bill and they had, and that this 2021 Bill has language in it that will prevent the IRS from having proceeds reduce qualified expenses in the 2021 act. I think that means 2020 we reduce and 2021 we will not have to. 2021 PPP portion may have tougher provisions. I talked to his office and E'd wanting to know could not the same language cover the 2020 PPP the office said they would get back to me-that was yesterday. I think Congress has been quiet and their silence is telling us for 2020 reduce the expenses. Could that be changed, maybe their is a chance(small).

        Comment


          #5
          Extensions!

          Comment


            #6
            The biggest problem I have with the current interpretation is the significant difference between entities.

            Continuing with Scarecrow's examples:

            Example 2a. Taxpayer's restaurant is a sole proprietor. Receives $20,000 PPP loan based on prior year Schedule C net income.
            Taxable income = zero
            Payroll expense deduction = zero
            Tax = zero

            Example 2b. Taxpayer's restaurant is an S Corporation. Receives $20,000 PPP loan and pays himself a $20,000 wage.
            S Corp taxable income = zero
            S Corp payroll deduction = zero
            Net S Corp pass-through income = zero
            W-2 income paid with PPP funds = $20,000
            Tax = $20K @ Marginal tax rate

            The owner of Restaurant 2a pays no tax. The owner of Restaurant 2b pays tax on $20K.

            Comment


              #7
              Originally posted by rbynaker View Post
              The biggest problem I have with the current interpretation is the significant difference between entities.

              Continuing with Scarecrow's examples:

              Example 2a. Taxpayer's restaurant is a sole proprietor. Receives $20,000 PPP loan based on prior year Schedule C net income.
              Taxable income = zero
              Payroll expense deduction = zero
              Tax = zero

              Example 2b. Taxpayer's restaurant is an S Corporation. Receives $20,000 PPP loan and pays himself a $20,000 wage.
              S Corp taxable income = zero
              S Corp payroll deduction = zero
              Net S Corp pass-through income = zero
              W-2 income paid with PPP funds = $20,000
              Tax = $20K @ Marginal tax rate

              The owner of Restaurant 2a pays no tax. The owner of Restaurant 2b pays tax on $20K.
              Apples to oranges.

              The owner of Restaurant 2a pays no tax because all of the payments are to other employees. If 2a paid no employees but merely took an owners withdrawal, he/she would pay tax on the $20K. And if the owner of Restaurant 2b paid $20K to other employees instead of paying his or her own wage, he/she would pay no tax.

              Comment


                #8
                Originally posted by Scarecrow View Post
                The owner of Restaurant 2a pays no tax because all of the payments are to other employees.
                While you're welcome to create a 2c example of your own, in my 2a example there are no employees. This hypothetical PPP loan was based on 2019 Schedule C net income of $96,000. ($96K/12*2.5=$20K).

                Originally posted by Scarecrow View Post
                If 2a paid no employees but merely took an owners withdrawal, he/she would pay tax on the $20K.
                Incorrect. The $20K would be considered owner compensation replacement and the forgiven PPP loan would not be taxable. Since there are no expenses for the IRS to reclassify as non-deductible the Schedule C proprietor gets this money tax free.

                Originally posted by Scarecrow View Post
                And if the owner of Restaurant 2b paid $20K to other employees instead of paying his or her own wage, he/she would pay no tax.
                On this we agree.

                Comment


                  #9
                  Originally posted by rbynaker View Post
                  The owner of Restaurant 2a pays no tax. The owner of Restaurant 2b pays tax on $20K.
                  But the owner of Restaurant 2b now has in his pocket $20K (less tax, which I mentioned in my initial post) that he didn't have before. He didn't earn that money, it was his government handout. Is this really the "biggest problem [we] have with the current interpretation"? Give me a break, I'll take free $20K gross income any day, even if I have to pay tax on it.
                  "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

                  Comment


                    #10
                    Originally posted by Rapid Robert View Post
                    But the owner of Restaurant 2b now has in his pocket $20K (less tax, which I mentioned in my initial post) that he didn't have before. He didn't earn that money, it was his government handout. Is this really the "biggest problem [we] have with the current interpretation"? Give me a break, I'll take free $20K gross income any day, even if I have to pay tax on it.
                    Our business could have applied and pocketed around 16k, but we were not effected and it would be wrong. And I bet no one here was effected either. Im sorry but this PPP thing has me boiling over the fraud. Robert we should probably jump on board the next round. But if you are like me, its just not right to do so. Karma is a ______ ! Heck we even gave all our stimulus monies to local families in need.

                    Comment


                      #11
                      I was not going to apply, but my banker called me to apply. By that time, I had clients asking to pay me on installments. I thought I might keep most of my clients, but many would be paying me more slowly. And, I really wasn't going to be able to raise prices commensurate with all the courses I was taking/reading I was doing/time I was spending explaining the new laws to my clients. So, I decided that I was effected by Covid and applied. I still have a handful of long-time clients who have not paid me yet. Covid definitely effected my cash flow. The small (much smaller than 16k) loan helped me pay my bills while waiting for clients to recover financially and pay me.

                      Comment


                        #12
                        Originally posted by Rapid Robert View Post
                        Is this really the "biggest problem [we] have with the current interpretation"? Give me a break, I'll take free $20K gross income any day, even if I have to pay tax on it.

                        Rick didn't say it was the biggest problem with the program; he said it was the biggest problem with the current "interpretation" of how to treat it on the tax return. He is just pointing out that the PPP for owner compensation differs from a Sole Proprietorship versus a corporation, which doesn't seem 'fair' to treat them differently.

                        While I agree that different treatment is annoying, the fact is that different business entities are taxed differently, so different treatment under the PPP shouldn't be surprising. A common example of different treatments between a Sole Proprietorship and a S-corporation is health insurance. Effectively, a Sole Proprietor pays Social Security and Medicare tax on health insurance, while a S-corporation does not. Different treatment for the same thing. The current IRS interpretation for PPP is similar. Different treatment between entities for the same thing.

                        Comment


                          #13
                          The Paycheck Protection Program was supposed to protect employees from getting let go. So the fact that an S corp owner can't deduct wages he paid to himself tax free is no issue as far as I am concerned. You get free money, you shouldn't get to deduct expenses you paid with that free money. Period. The IRS is correct in its interpretation. No different than paying expenses with tax free Municipal bond interest. Same thing. If Congress wanted you to get free money plus take a deduction for paying expenses with it, they could have easily written that into law.

                          Comment


                            #14
                            Originally posted by Scarecrow View Post
                            If Congress wanted you to get free money plus take a deduction for paying expenses with it, they could have easily written that into law.

                            In my opinion, it is clear that Congress MEANT it to be totally free money, but just failed when writing things out. They specifically made it non-taxable, which to me means they meant it to be completely 'free' money. Otherwise, there really would be no point in them stating it was non-taxable.

                            Comment


                              #15
                              MN society sent out request to contact our Senators and convince them to add the same language in the new PPP bill which supposedly has language so the 2021 loans will not cause income!! They want us to convince them that the Senate should extend and claim that language should apply to 2020 loans. I had cut and pasted the AICPA letter request and sent it to my Congressman, but he stated they did 2021 right, but 2020 did not have the same language.

                              Comment

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