Proceed with Caution on Your SBA Loan

(Updated as of May 5) Feds Offer Clarification on Unforgivable SBA Loans:

Securing a Small Business Administration (SBA) loan connected with the CARES Act for COVID-19 relief has been difficult enough. But the complications don’t stop once you have a loan: it’s important to understand how the loans will be audited and forgiven (or not). We recently sent the following points to our clients. Please consult a tax expert before taking any further action since federal guidance is being issued often and every organization’s situation is different.

According to announcements and a joint SBA and U.S. Treasury FAQ document as of May 3, 2020:

  • All loans of $2 million or more will be audited. Smaller loans are subject to audit.
  • The bank originating the loan and processing the forgiveness paperwork will also be performing the audit as part of the forgiveness process.
  • Small “qualifying” companies owned by large businesses will no longer qualify for these loans.
  • Businesses that meet the following criteria do not qualify for a PPP loan: “businesses who, with current business activity and their ability to access other sources of liquidity sufficient to support their ongoing operations in a manner that is not significantly detrimental to the business.” Borrowers must make this certification in good faith, taking into account their current business activity and their ability to access other sources of liquidity sufficient to support their ongoing operations in a manner that is not significantly detrimental to the business.
  • A non-qualifying business that received a PPP loan has until May 7, 2020, to return the loan proceeds with no penalties.

In addition, the IRS announced last week in Notice 2020-32 that deductions paid with “forgiven” loans would NOT BE DEDUCTIBLE. However, this notice seems incorrect in its analysis for at least two reasons:

  1. Statutory interpretation. The rules provide that legislators do not use unnecessary words, phrases, sentences, paragraphs, etc. so that any interpretation which would render other areas meaningless are not valid. The law, before the CARES Act, states basically that a taxpayer has income to the extent of debt relief. Their interpretation of the new clause makes no changes in current law.
  2. In a previous financial crisis, Congress passed a law that allowed solvent banks to acquire insolvent banks, with the FDIC guaranteeing the assets of the acquired bank. When the buyer requested reimbursement, the FDIC paid for the assets that went bad. In addition, the buying bank also claimed losses on these assets on their tax returns (considered double dipping on the same asset). Again, the IRS disallowed this deduction. However, the taxpayers prevailed in these cases [Centex Corp v. US, 395 F.3d 1283 (Fed. Cir. 2005), also FDIC v First Heights Bank FSB, 229 F.3rd 528 (6th Cir. 2000)].

Many organizations including the AICPA and state CPA societies agree and are challenging this interpretation by the IRS.

Stay tuned and consult a tax expert before deciding how to utilize your loan. If we can be of any further assistance, please feel free to contact us.

Original post written April 27, 2020:

A new $484 billion in funding arrived in part to help small businesses through the financial hardships of the coronavirus crisis. The recent infusion provides additional funding for loans, particularly for the Small Business Administration (SBA) Paycheck Protection Program (PPP).

The SBA resumed accepting PPP applications from participating lenders on April 27, 2020. The Wall Street Journal reports that those who had already been approved but hadn’t yet received funds, and those who apply and are approved during this second round, should receive PPP funds within 7 to 10 days. The key, though, is to make sure you receive confirmation of loan approval from your SBA-authorized lender.

“Many bank clients believe they’ve been approved, but weren’t. The best way for a business owner to check whether or not they’ve been approved is to follow up directly with their lender,” WSJ states.

SBA resumed processing Economic Injury Disaster Loan (EIDL) and advance applications that were already in the queue on a first-come, first-served basis. An EIDL portal to receive new applications—including those from agricultural enterprises—will be ready as soon as possible.

But before requesting a PPP or any other EIDL or advance for COVID-19 relief, consider the terms and conditions carefully. Many small businesses are finding out too late that the money they borrowed and, in some cases, already spent will not wholly qualify for loan forgiveness. For instance, S Corp owners are finding out that only the portion of income they declare as their salary (up to $100,000) and payroll expenses for tax purposes will qualify for PPP loan forgiveness. This does not typically include owner draws, distributions, or loans to shareholders. Only a small portion of other business expenses like interest on mortgage obligations, rent, and utilities qualify—and only if that money is used within eight weeks of receiving the loan. You must also maintain a certain level of staffing and salary/payroll levels if you have employees.

It’s a situation that will continue to evolve, raise concerns, and require clarification for months to come. The bottom line is that while you may qualify now, you could be surprised come tax time or later to find out the loan had more strings attached than you thought. We have recently sent worksheets to assist businesses with not only tracking these expenses, but also computing the forgiveness amounts. Feel free to contact us with questions or to receive these worksheets.

Photo via 123rf.com

May 5, 2020

Client Spotlight

What happens when you combine a passion for creating, a knack for business, and deep family values? For Scott Klingler, owner of MergeWorks, it resulted…
San Antonio native Mark Lopez can’t recall a time he didn’t envision himself following the footsteps of his father, a project manager, into the construction…
If you’re a San Antonian, you may not want to imagine your weekend without brunch at the city’s beloved Magnolia Pancake Haus….
Greg Thompson has long respected money and how it can catalyze greater things….
Land surveyors aren’t known for exceptional customer service. But why shouldn’t they be? David Breaux set out in 1998 to prove that treating customers right…
When Lance Rose sees a business need, he fills it. That’s how he and Terri, his wife of 30 years, have evolved into the proud…
Matt and Lara Bruhn met while in graduate school at Harvard. He served as an officer and F-15C pilot with the U.S. Air Force….
Growing up in Piedras Negras, Coahuila, Mexico—just south of Texas along the Rio Grande—Oscar E. Flores dreamed of becoming a designer….
Joseph Lukowski has worked tirelessly serving others his entire life….
Before Bart Bonham called American Dream Vacations to ask about adding his family’s RV to their fleet, he never suspected he’d be a…..
Mark Keatts was at the top of his game selling electronic packaging solutions when he was forced to shift gears. It was the late 1980s…
When a friend handed Robert Fleming a family recipe for buttermilk pancakes nearly 30 years ago, he never anticipated how much that recipe……

Blogs and Articles

During an IRS Investigation: Are Friends & Neighbors Contacted?

Can the IRS contact your neighbors or boss? Learn the rules for third-party investigations, your right to advance notice, and how to protect your privacy....

During an IRS Investigation: Are Friends & Neighbors Contacted?

Read More

How the New SALT Cap Affects Texas Pass-Through Businesses

How the One Big Beautiful Bill Act substantially changed the SALT Cap rules for Texas pass-through businesses....

How the New SALT Cap Affects Texas Pass-Through Businesses

Read More

Small Business Tax Breaks Back on the Table

How does the latest federal tax bill enhance small business tax breaks?...

Small Business Tax Breaks Back on the Table

Read More

IRS Crackdown on Millionaires Is a Sweeping Success

By ramping up enforcement on high-income earners, the IRS has recovered over $500B in back taxes from millionaires. What does this mean for the future...

IRS Crackdown on Millionaires Is a Sweeping Success

Read More

Four New Tax Breaks Worth Getting Right

Learn four new tax breaks that can help qualified individuals maximize this year's tax refund....

Four New Tax Breaks Worth Getting Right

Read More

AI Versus Forensic Accountants in Early Discovery

Can AI and Forensic Accounting be used in tandem? Learn the answer, and why early involvement is key to success....

AI Versus Forensic Accountants in Early Discovery

Read More

Should I Use AI Tax Advice?

AI tax advice is everywhere. You may be getting AI answers to your tax questions online or in chatbots without even knowing it. What are...

Should I Use AI Tax Advice?

Read More

New Excise Tax on Sending Money Abroad

If you're a small business paying for transfers with cash, money orders, or cashier’s checks, a 1% excise tax will be added to your transactions...

New Excise Tax on Sending Money Abroad

Read More

Employee Fraud: Hard Truths for Small Businesses

Small businesses are often the target of employee fraud. Forensic accountants share three hard truths they may be ignoring about their employees....

Employee Fraud: Hard Truths for Small Businesses

Read More

Turning Last Year’s Business Losses into Tax Opportunities

Have 2025 business losses? They may become NOL carryforwards that can offset up to 80% of taxable income in future profitable years....

Turning Last Year’s Business Losses into Tax Opportunities

Read More

IRS Math Errors Bill: What It Means

The IRS math errors bill will finally shed light on what exactly the IRS decided to correct on your math homework and how long you...

IRS Math Errors Bill: What It Means

Read More

Preparing a Rebuttal Report for When the Math Doesn’t Math

Learn three essentials for writing an effective forensic accounting rebuttal report that stands up in court....

Preparing a Rebuttal Report for When the Math Doesn’t Math

Read More

Maximizing Catch-Up Contributions Before Retirement

If you're 50 or older, these tips can help you max out your retirement contributions and lower your tax bill....

Maximizing Catch-Up Contributions Before Retirement

Read More

How the IRS Audits With AI

America's AI Action Plan emphasizes rapid deployment of AI across federal agencies. Learn how this impacts the IRS and taxpayers....

How the IRS Audits With AI

Read More

Bankler Partners’ Year in Review

As the year comes to a close, we reflect on the milestones, achievements, growth and connections that have made 2025 truly memorable....

Bankler Partners’ Year in Review

Read More

Now Accepting New Clients

Let’s Start the Conversation

Let’s take a look at your finances together. We offer a complimentary 1-hour call to review your past tax returns. If we see a way to help you, we will.

Want to receive tax strategies and tips direct to your inbox?

Name(Required)