COVID-19 Update for the Week Ended May 23, 2020




We wish everyone had a pleasant and safe Memorial Day! As Memorial Day marks the beginning of summer, we think it is a fitting conclusion to our weekly coverage of COVID-19.

Businesses are reopening and life begins to return to normal. We are firmly planted in that cerebral zone where we absorb all the changes that have occurred along with their financial impact and determining the best way to move forward. We have started the financial healing process, the “recovery.” We should all be focused on our post-pandemic business models, refinements, and risk mitigation strategies. Recent programs and changes have slowed as Congress continues to debate the best path forward.

We will regroup, focus on better understanding the changing landscape and develop the best strategies to help you move forward. We will continue to monitor important developments and communicate relevant information.

 

1.   PPP Loan Forgiveness Calculator

On May 15, 2020, the SBA issues the long-awaited PPP Loan Forgiveness Application. We spent last week absorbing the Payroll Protection (PPP) Loan Forgiveness Application and understanding its implications.

We conducted an online presentation to provide an overview of the mechanics of the application and important changes. This presentation is published on our website for those of you unable to attend.

We have decided that the best tool moving forward is the AICPA (American Institute of CPAs) PPP Loan Forgiveness Calculator. This calculator allows you to draft the application to ensure that you maximize loan forgiveness and make any necessary changes before the end of your 8-week forgiveness period.

Strategy & Advise

It is important to prepare a draft of the loan application by using the AICPA PPP Loan Forgiveness Calculator. This will give you time to make any necessary adjustments before the end of your 8-week loan forgiveness period. Please do not hesitate to contact us if you have any questions about the application, specific application of the law or to review your method.

 

2.   Tax Returns Due July 15, 2020

Looking ahead, please remember that all federal tax returns which had a due date between April 1, 2020 and July 14, 2020 (including extensions) are due on July 15, 2020. You can extend the due date for filing (not payment) beyond this date.

If you have not already done so, please gather your tax information and provide it to us at your earliest convenience. Please let us know if you would like for us to file for an extension to provide you additional time to gather your information.

3.   The End

We are not sad to see this weird period in history pass. We are thankful for our team, clients, and community. We sincerely appreciate everyone’s patience, understanding and perseverance during these uncertain and unsettling times.

We remain committed to providing you with the best tools and advise to manage the economic challenges and successes ahead. We are here to provide solid guidance to ensure your financial well-being.

We are humbled by the gratitude of our clients and community for our hard work, outreach, and professional focus. Thank you!

In these uncertain times, we are continually evolving to ensure that we do what is in the best interest of our clients, team, and community.

We will continue to closely monitor the economic and tax changes and communicate important information to you timely and accurately. We are always available by phone or email to address your questions and concerns.

We strongly encourage you to leverage our expertise during these trying times. We have a deep understanding and broad view of the economic climate, which can add significant value during times of uncertainty. We are committed to assisting you in successfully managing through the rapidly changing economic environment.

Thank you for your support and stay safe!

© 2020


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IRA account value down? It might be a good time for a Roth conversion

The coronavirus (COVID-19) pandemic has caused the value of some retirement accounts to decrease because of the stock market downturn. But if you have a traditional IRA, this downturn may provide a valuable opportunity: It may allow you to convert your traditional IRA to a Roth IRA at a lower tax cost.

The key differences

Here’s what makes a traditional IRA different from a Roth IRA:

Traditional IRA. Contributions to a traditional IRA may be deductible, depending on your modified adjusted gross income (MAGI) and whether you (or your spouse) participate in a qualified retirement plan, such as a 401(k). Funds in the account can grow tax deferred.

On the downside, you generally must pay income tax on withdrawals. In addition, you’ll face a penalty if you withdraw funds before age 59½ — unless you qualify for a handful of exceptions — and you’ll face an even larger penalty if you don’t take your required minimum distributions (RMDs) after age 72.

Roth IRA. Roth IRA contributions are never deductible. But withdrawals — including earnings — are tax-free as long as you’re age 59½ or older and the account has been open at least five years. In addition, you’re allowed to withdraw contributions at any time tax- and penalty-free. You also don’t have to begin taking RMDs after you reach age 72.

However, the ability to contribute to a Roth IRA is subject to limits based on your MAGI. Fortunately, no matter how high your income, you’re eligible to convert a traditional IRA to a Roth. The catch? You’ll have to pay income tax on the amount converted.

Saving tax

This is where the “benefit” of a stock market downturn comes in. If your traditional IRA has lost value, converting to a Roth now rather than later will minimize your tax hit. Plus, you’ll avoid tax on future appreciation when the market goes back up.

It’s important to think through the details before you convert. Some of the questions to ask when deciding whether to make a conversion include:

Do you have money to pay the tax bill? If you don’t have enough cash on hand to cover the taxes owed on the conversion, you may have to dip into your retirement funds. This will erode your nest egg. The more money you convert and the higher your tax bracket, the bigger the tax hit.

What’s your retirement horizon? Your stage of life may also affect your decision. Typically, you wouldn’t convert a traditional IRA to a Roth IRA if you expect to retire soon and start drawing down on the account right away. Usually, the goal is to allow the funds to grow and compound over time without any tax erosion.

Keep in mind that converting a traditional IRA to a Roth isn’t an all-or-nothing deal. You can convert as much or as little of the money from your traditional IRA account as you like. So, you might decide to gradually convert your account to spread out the tax hit over several years.

Of course, there are more issues that need to be considered before executing a Roth IRA conversion. If this sounds like something you’re interested in, contact us to discuss with us whether a conversion is right for you.

© 2020


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Hiring independent contractors? Make sure they’re properly classified

As a result of the coronavirus (COVID-19) crisis, your business may be using independent contractors to keep costs low. But you should be careful that these workers are properly classified for federal tax purposes. If the IRS reclassifies them as employees, it can be an expensive mistake.

The question of whether a worker is an independent contractor or an employee for federal income and employment tax purposes is a complex one. If a worker is an employee, your company must withhold federal income and payroll taxes, pay the employer’s share of FICA taxes on the wages, plus FUTA tax. Often, a business must also provide the worker with the fringe benefits that it makes available to other employees. And there may be state tax obligations as well.

These obligations don’t apply if a worker is an independent contractor. In that case, the business simply sends the contractor a Form 1099-MISC for the year showing the amount paid (if the amount is $600 or more).

No uniform definition

Who is an “employee?” Unfortunately, there’s no uniform definition of the term.

The IRS and courts have generally ruled that individuals are employees if the organization they work for has the right to control and direct them in the jobs they’re performing. Otherwise, the individuals are generally independent contractors. But other factors are also taken into account.

Some employers that have misclassified workers as independent contractors may get some relief from employment tax liabilities under Section 530. In general, this protection applies only if an employer:

  • Filed all federal returns consistent with its treatment of a worker as a contractor,
  • Treated all similarly situated workers as contractors, and
  • Had a “reasonable basis” for not treating the worker as an employee. For example, a “reasonable basis” exists if a significant segment of the employer’s industry traditionally treats similar workers as contractors.

Note: Section 530 doesn’t apply to certain types of technical services workers. And some categories of individuals are subject to special rules because of their occupations or identities.

Asking for a determination

Under certain circumstances, you may want to ask the IRS (on Form SS-8) to rule on whether a worker is an independent contractor or employee. However, be aware that the IRS has a history of classifying workers as employees rather than independent contractors.

Businesses should consult with us before filing Form SS-8 because it may alert the IRS that your business has worker classification issues — and inadvertently trigger an employment tax audit.

It may be better to properly treat a worker as an independent contractor so that the relationship complies with the tax rules.

Be aware that workers who want an official determination of their status can also file Form SS-8. Disgruntled independent contractors may do so because they feel entitled to employee benefits and want to eliminate self-employment tax liabilities.

If a worker files Form SS-8, the IRS will send a letter to the business. It identifies the worker and includes a blank Form SS-8. The business is asked to complete and return the form to the IRS, which will render a classification decision.

Contact us if you receive such a letter or if you’d like to discuss how these complex rules apply to your business. We can help ensure that none of your workers are misclassified.

© 2020


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Relief from not making employment tax deposits due to COVID-19 tax credits

The IRS has issued guidance providing relief from failure to make employment tax deposits for employers that are entitled to the refundable tax credits provided under two laws passed in response to the coronavirus (COVID-19) pandemic. The two laws are the Families First Coronavirus Response Act, which was signed on March 18, 2020, and the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, which was signed on March 27, 2020.

Employment tax penalty basics

The tax code imposes a penalty for any failure to deposit amounts as required on the date prescribed, unless such failure is due to reasonable cause rather than willful neglect.

An employer’s failure to deposit certain federal employment taxes, including deposits of withheld income taxes and taxes under the Federal Insurance Contributions Act (FICA) is generally subject to a penalty.

COVID-19 relief credits

Employers paying qualified sick leave wages and qualified family leave wages required by the Families First Act, as well as qualified health plan expenses allocable to qualified leave wages, are eligible for refundable tax credits under the Families First Act.

Specifically, provisions of the Families First Act provide a refundable tax credit against an employer’s share of the Social Security portion of FICA tax for each calendar quarter, in an amount equal to 100% of qualified leave wages paid by the employer (plus qualified health plan expenses with respect to that calendar quarter).

Additionally, under the CARES Act, certain employers are also allowed a refundable tax credit under the CARES Act of up to 50% of the qualified wages, including allocable qualified health expenses if they are experiencing:

  • A full or partial business suspension due to orders from governmental authorities due to COVID-19, or
  • A specified decline in business.

This credit is limited to $10,000 per employee over all calendar quarters combined.

An employer paying qualified leave wages or qualified retention wages can seek an advance payment of the related tax credits by filing Form 7200, Advance Payment of Employer Credits Due to COVID-19.

Available relief

The Families First Act and the CARES Act waive the penalty for failure to deposit the employer share of Social Security tax in anticipation of the allowance of the refundable tax credits allowed under the two laws.

IRS Notice 2020-22 provides that an employer won’t be subject to a penalty for failing to deposit employment taxes related to qualified leave wages or qualified retention wages in a calendar quarter if certain requirements are met. Contact us for more information about whether you can take advantage of this relief.

More breaking news

Be aware the IRS also just extended more federal tax deadlines. The extension, detailed in Notice 2020-23, involves a variety of tax form filings and payment obligations due between April 1 and July 15. It includes estimated tax payments due June 15 and the deadline to claim refunds from 2016. The extended deadlines cover individuals, estates, corporations and others. In addition, the guidance suspends associated interest, additions to tax, and penalties for late filing or late payments until July 15, 2020. Previously, the IRS postponed the due dates for certain federal income tax payments. The new guidance expands on the filing and payment relief. Contact us if you have questions.

© 2020


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Answers to questions about the CARES Act employee retention tax credit

The recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides a refundable payroll tax credit for 50% of wages paid by eligible employers to certain employees during the COVID-19 pandemic. The employee retention credit is available to employers, including nonprofit organizations, with operations that have been fully or partially suspended as a result of a government order limiting commerce, travel or group meetings.

The credit is also provided to employers who have experienced a greater than 50% reduction in quarterly receipts, measured on a year-over-year basis.

IRS issues FAQs  

The IRS has now released FAQs about the credit. Here are some highlights.

How is the credit calculated? The credit is 50% of qualifying wages paid up to $10,000 in total. So the maximum credit for an eligible employer for qualified wages paid to any employee is $5,000.

Wages paid after March 12, 2020, and before Jan. 1, 2021, are eligible for the credit. Therefore, an employer may be able to claim it for qualified wages paid as early as March 13, 2020. Wages aren’t limited to cash payments, but also include part of the cost of employer-provided health care.

When is the operation of a business “partially suspended” for the purposes of the credit?The operation of a business is partially suspended if a government authority imposes restrictions by limiting commerce, travel or group meetings due to COVID-19 so that the business still continues but operates below its normal capacity.

Example: A state governor issues an executive order closing all restaurants and similar establishments to reduce the spread of COVID-19. However, the order allows establishments to provide food or beverages through carry-out, drive-through or delivery. This results in a partial suspension of businesses that provided sit-down service or other on-site eating facilities for customers prior to the executive order.

Is an employer required to pay qualified wages to its employees? No. The CARES Act doesn’t require employers to pay qualified wages.

Is a government employer or self-employed person eligible?No.Government employers aren’t eligible for the employee retention credit. Self-employed individuals also aren’t eligible for the credit for self-employment services or earnings.

Can an employer receive both the tax credits for the qualified leave wages under the Families First Coronavirus Response Act (FFCRA) and the employee retention credit under the CARES Act? Yes, but not for the same wages. The amount of qualified wages for which an employer can claim the employee retention credit doesn’t include the amount of qualified sick and family leave wages for which the employer received tax credits under the FFCRA.

Can an eligible employer receive both the employee retention credit and a loan under the Paycheck Protection Program? No. An employer can’t receive the employee retention credit if it receives a Small Business Interruption Loan under the Paycheck Protection Program, which is authorized under the CARES Act. So an employer that receives a Paycheck Protection loan shouldn’t claim the employee retention credit.

For more information

Here’s a link to more questions: https://bit.ly/2R8syZx . Contact us if you need assistance with tax or financial issues due to COVID-19.

© 2020


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The new COVID-19 law provides businesses with more relief

On March 27, President Trump signed into law another coronavirus (COVID-19) law, which provides extensive relief for businesses and employers. Here are some of the tax-related provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). 

Employee retention credit

The new law provides a refundable payroll tax credit for 50% of wages paid by eligible employers to certain employees during the COVID-19 crisis.

Employer eligibility. The credit is available to employers with operations that have been fully or partially suspended as a result of a government order limiting commerce, travel or group meetings. The credit is also provided to employers that have experienced a greater than 50% reduction in quarterly receipts, measured on a year-over-year basis.

The credit isn’t available to employers receiving Small Business Interruption Loans under the new law.

Wage eligibility. For employers with an average of 100 or fewer full-time employees in 2019, all employee wages are eligible, regardless of whether an employee is furloughed. For employers with more than 100 full-time employees last year, only the wages of furloughed employees or those with reduced hours as a result of closure or reduced gross receipts are eligible for the credit.

No credit is available with respect to an employee for whom the employer claims a Work Opportunity Tax Credit.

The term “wages” includes health benefits and is capped at the first $10,000 paid by an employer to an eligible employee. The credit applies to wages paid after March 12, 2020 and before January 1, 2021.

The IRS has authority to advance payments to eligible employers and to waive penalties for employers who don’t deposit applicable payroll taxes in anticipation of receiving the credit.

Payroll and self-employment tax payment delay

Employers must withhold Social Security taxes from wages paid to employees. Self-employed individuals are subject to self-employment tax.

The CARES Act allows eligible taxpayers to defer paying the employer portion of Social Security taxes through December 31, 2020. Instead, employers can pay 50% of the amounts by December 31, 2021 and the remaining 50% by December 31, 2022.

Self-employed people receive similar relief under the law.

Temporary repeal of taxable income limit for NOLs

Currently, the net operating loss (NOL) deduction is equal to the lesser of 1) the aggregate of the NOL carryovers and NOL carrybacks, or 2) 80% of taxable income computed without regard to the deduction allowed. In other words, NOLs are generally subject to a taxable-income limit and can’t fully offset income.

The CARES Act temporarily removes the taxable income limit to allow an NOL to fully offset income. The new law also modifies the rules related to NOL carrybacks.

Interest expense deduction temporarily increased

The Tax Cuts and Jobs Act (TCJA) generally limited the amount of business interest allowed as a deduction to 30% of adjusted taxable income.

The CARES Act temporarily and retroactively increases the limit on the deductibility of interest expense from 30% to 50% for tax years beginning in 2019 and 2020. There are special rules for partnerships.

Bonus depreciation for qualified improvement property

The TCJA amended the tax code to allow 100% additional first-year bonus depreciation deductions for certain qualified property. The TCJA eliminated definitions for 1) qualified leasehold improvement property, 2) qualified restaurant property, and 3) qualified retail improvement property. It replaced them with one category called qualified improvement property (QIP). A general 15-year recovery period was intended to have been provided for QIP. However, that period failed to be reflected in the language of the TCJA. Therefore, under the TCJA, QIP falls into the 39-year recovery period for nonresidential rental property, making it ineligible for 100% bonus depreciation.

The CARES Act provides a technical correction to the TCJA, and specifically designates QIP as 15-year property for depreciation purposes. This makes QIP eligible for 100% bonus depreciation. The provision is effective for property placed in service after December 31, 2017.

Careful planning required

This article only explains some of the relief available to businesses. Additional relief is provided to individuals. Be aware that other rules and limits may apply to the tax breaks described here. Contact us if you have questions about your situation.

© 2020


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What can AI do for my business?

You’ve no doubt read articles or heard stories about how artificial intelligence (AI) is bringing sweeping change to a wide variety of industries. But it’s one thing to learn about how this remarkable technology is changing someone else’s company and quite another to apply it to your own. Here’s a primer on what AI might be able to do for your business.

3 technology types

AI generally refers to using computers to perform complex tasks usually thought to require human intelligence — such as image perception, voice recognition, decision making and problem solving. Three primary types of technologies fall under the AI umbrella:

1. Machine learning. This involves an iterative process whereby machines improve their performance in a specific task over time with little or no programming or human intervention. It can, for example, improve your forecasting models for determining which products or services will be in high demand with customers.

2. Natural language processing (NLP). This uses algorithms to analyze unstructured human language in documents, emails, texts, conversation or otherwise. Language translation apps are among the most common and dramatic examples of NLP. Communicating with business partners, customers and prospects in other countries — or simply people whose first languages are other than English — has become much easier as this type of software has improved.

3. Robotic process automation (RPA). Using rules and structured inputs, RPA automates time-consuming repetitive manual tasks that don’t require decision making. For instance, an RPA system can collect data from vendor invoices, enter it into a company’s accounting system, and generate an email confirming receipt and requesting additional information if needed. This functionality can help you better time vendor payments to optimize cash flow.

Chat boxes, data sensors

A couple of the most common on-ramps into AI for businesses are chatbots and data sensors. Chatbots are those AI-based instant messaging or voice-based systems that allow users to ask relatively simple questions and get instant answers.

Today’s customers expect to find information quickly and chatbots can provide this speed. However, it’s important to implement a system that enables users to speedily connect to a human customer service rep if their questions or issues are complex or urgent.

Data sensors generally don’t have anything to do with customers, but they can be quite valuable when it comes to your offices or facilities. AI-enhanced building systems allow for real-time monitoring and adjustment of temperature, lighting and other controls. This data can drive predictive analytics that improve decisions about the maintenance and replacement of systems, lowering energy and repair costs.

Upgrade prudently

Precisely how AI might help you run your business more efficiently and profitably depends on the size of your company and the nature of its work. You don’t want to throw dollars at an AI solution just to keep up with the competition. Then again, this technology may offer enticing ways to sharpen your competitive edge. We can help you perform a cost-benefit analysis of any technological upgrade you’re considering.

© 2020


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Benchmarking financial performance

You already may have reviewed a preliminary draft of your company’s year-end financial statements. But without a frame of reference, they don’t mean much. That’s why it’s important to compare your company’s performance over time and against competitors.

Conduct a well-rounded evaluation

A comprehensive benchmarking study requires calculating ratios that gauge the following five elements:

1. Growth. Business size is usually stated in terms of annual revenue, total assets or market share. Is your company expanding or contracting? An example of a ratio that targets changes in your company’s size would be its year-over-year increase in market share. Companies generally want to grow, but there may be strategic reasons to downsize and refocus on core operations.

2. Liquidity. Working capital ratios help assess how easily assets can be converted into cash and whether current assets are sufficient to cover current liabilities. For example, the acid-test ratio compares the most liquid current assets (cash and receivables) to current obligations (such as payables, accrued expenses, short-term loans and current portions of long-term debt).

3. Profitability. This evaluates whether the business is making money from operations — before considering changes in working capital accounts, investments in capital expenditures and financing activities. Public companies tend to focus on earnings per share. But smaller ones tend to be more interested in ratios that evaluate earnings before interest, taxes, depreciation and amortization. EBITDA ratios allow for comparisons between companies with different capital structures, tax strategies and business types.

4. Turnover. Such ratios as total asset turnover (revenue divided by total assets) or inventory turnover (cost of sales divided by inventory) show how well the company manages its assets. These ratios also can be stated in terms of average days outstanding.

5. Leverage. Identify how the company finances its operations — through debt or equity. There are pros and cons of both. For example, within limits, debt financing is generally less expensive and interest on debt may be tax deductible. Equity financing, however, can help preserve cash flow for growing the business because equity investors often don’t require an annual return on investment.

Seek input from the pros

Most companies use an outside accounting firm to compile, review or audit their preliminary year-end financial results. This is a prime opportunity to conduct a comprehensive benchmarking study. We can help take your historical financial statements to the next level by identifying comparable companies, providing access to industry benchmarking data and recommending ways to improve performance in 2020 and beyond.

© 2020


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COVID-19 Update for the Week Ended May 16, 2020

 

The tax and financial impacts of COVID-19 continue to unfold rapidly. To help keep you up to date on these rapidly evolving changes, we have put together the most important things you should know from last week.  

1.  FINALLY! PPP Loan Forgiveness Guidance…. 

On Friday May 15, 2020, the Small Business Administration (SBA) issued the Paycheck Protection Program Loan Forgiveness Application 

In true bureaucratic style, in lieu of an explanation of the law, guidance came in the form of a fill in the box form along with schedulesworksheets, and instructions. We are certain that these formsschedules, and instructions will be updated many times in the weeks ahead.  

The form structure consists of the following: 

  • Loan Forgiveness Calculation Form 
  • This is a two-page form. The first page is a simple summary of the loan forgiveness components and calculation of the forgiveness amount. The second page is representations you must make about the loan and documentation provided. 
  • PPP Schedule A 
  • This schedule supplies the calculation of the items on the application. 
  • The instructions have the details of how the PPP calculations and exceptions will work. This is where most of the guidance is held. Wexpect these instructions to be debated and updated over the coming weeks.  
  • Schedule A Worksheet  
  • These worksheets provide detailed information about employees 
  • Optional Demographic Information Form 

The notable items contained in these forms, worksheets and instructions are: 

  • Creation of an “Alternative Payroll Covered Period” for biweekly or more frequent payroll. 
  • EIDL Advance Amounts will be reduced from the forgiveness by the SBA. 
  • Payroll incurred but not paid until the next regular payroll date count. 
  • Non-payroll costs paid or incurred and paid by the next regular billing date count. 
  • FTE Reduction and Safe Harbor calculation 
  • Salary/Hourly Wage Reduction calculation 
  • Documentation requirements  

 

Strategy and Advise 

Take the time to read the form and instructions. This will provide you with a better understanding of how these rules specifically apply to your situation.  

Continue to use the planning tool to help manage forgiveness. We will distribute an updated planning tool once available. Banks will provide electronic systems or processes for how documents will be submitted to them, so there is no need to fill out these forms now unless you want to walk through the process. 

We will hold an online seminar Tuesday afternoon to go over the mechanics of these forms and address any questions. Keep your eye out for a separate invitation. We will distribute a copy of the online seminar if you are unable to attend.  

2.  Is your PPP Loan Necessary? Just kidding 

We spent the last couple of weeks focusing on the vague language of the eligibility requirements for Paycheck Protection Program (PPP) loans.  

On May 13, 2020, Treasury updated its Frequently Asked Questions (FAQs) to include safe harbor exception to these rules. The new rule states that any business (including its affiliated) which received a PPP loan less than $2 million is deemed to have applied in “good faith”. This means that if your loan was less than $2 million then it was necessary to support current operations and you will not be subject to penalties, fines, or criminal actions for getting the loan. 

The vague language and complicated analysis to determine if your loan was “necessary to maintain current operations” still applies to any business (including affiliates) which received a loan more than $2 million. However, the date for returning the funds with no questions ask or repercussions has been extended until May 18, 2020.  


3.  Part
nerships & Seasonal Employers Get Second Chance at PPP Loan  

On May 13, 2020, the SBA issued a new interim final rule which allows partnerships and seasonal employers to increase their PPP loan. 

In April there was significant confusion about how to recognize partners compensation and the allowable period a business with seasonal employees could use for calculating the maximum loan. In late April, the SBA clarified and changed the rules. However, some business had already received their loan and were precluded from obtaining any underfunded amounts. 

The new rule allows these businesses to go back and increase the amount of the loan.  

 

Strategy and Advise 

If you are a partnership or have seasonal employees, you may be eligible for a loan increase under these rules. Please contact your lender as soon as possible to determine if the original application was properly calculated. Please do not hesitate to contact us if you need assistance in making this determination or calculating the proper loan amount under these rules.  

In addition to the items above, it is important to note that on Friday, May 15, 2020 the House of Representatives passed a $3 trillion Stimulus 4 package (“CARES 2”). The legislation is dead on arrival at the Senate but sets the stage for further negotiations over the next few weeks. We anticipate another round of stimulus legislation. However, we do not expect this legislation until June or July.  

In these uncertain times, we are continually evolving to ensure that we do what is in the best interest of our clients, team, and community. 

We will continue to closely monitor the economic and tax changes and communicate important information to you timely and accurately. We are always available by phone or email to address your questions and concerns.  

We strongly encourage you to leverage our expertise during these trying times. We have a deep understanding and broad view of the economic climate, which can add significant value during times of uncertainty. We are committed to assisting you in successfully managing through the rapidly changing economic environment.  

Thank you for your continued support and stay safe!  

© 2020 

 

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COVID-19 Update for the Week Ended May 9, 2020


As businesses begin to reopen and hopefully life gets back to normal, we have entered that cerebral zone where we absorb all the changes that have occurred along with their financial impact. This is the beginning of the financial healing process, the recovery.” As we enter this chapter, we are focused on the refinements of the changes and how best to move forward. The speed of new programs has slowed as Congress debates the best path forward. We will take this time to regroup, focus on better understanding the changing landscape and develop strategies to move forward. Hopefully, the need for this weekly update will diminish in the coming weeks as we focus on recovery and reconstruction. We will continue to monitor important developments and communicate relevant information.  

Last week was the first step in the recovery process and here are the most important things you should know. 

1.  Is your PPP Loan Necessary to Support Current Operations? 

Most of last week was spent focusing on the vague language and continuing interest on the eligibility requirements of Paycheck Protection Program (PPP) loans.   The Treasury has expressed its intent to target all PPP loans in excess of $2 million as well as other loans it considers appropriate. Unfortunately, the rules are extremely vague and do not provide a clear answer to the eligibility of operating businesses.  

We have published a detailed overview of these rules along with our interpretation and actions that should be taken 

The basis of these rules is that you acted in good faith and that at the time you made the loan application (or April 23rd if later) and the loan was necessary to support ongoing operations. It is critical that you document your determination so that future events do not distort your determination at the time the loan application was made. Here is what you should document: 

  • Prepare an anecdotal overview of all the factors affecting your business 
  • Outline the current economic impacts on your business including sales, expected increase expenses, remote work force, etc. 
  • Outline your current debt structure along with available lines of credit and investors 
  • Prepare liquidity ratios for your current and historical business. These are financial ratios such as current ratio, quick ratio, operating cash flow ratio and cash conversion cycle.  
  • Prepare high level financial models of the business over the next 2 years. 
  • Outline any other factors or probable risk that your business can experience. 

Strategy & Advise  If you are unable to make the determination or need assistance, please contact us and your lawyer to help make a reasonable determination. However, if you find that you cannot satisfy this requirement then you can return the funds by May 14, 2020 (FAQ #43) to avoid punitive actions.

The Treasury will certainly focus on abuses of these loans. We believe every business, regardless of size, should take the steps outlined above and be prepared to 
demonstrate why the loan was “necessary to support ongoing operations.” 

2.  Impact on PPP Loan if Employee Refuses to Return  

On May 3, 2020, Treasury added 
Question 40 to its Frequently Asked Questions (“FAQs”).   

Question: Will a borrower’s PPP loan forgiveness amount (pursuant to section 1106 of the CARES Act and SBA’s implementing rules and guidance) be reduced if the borrower laid off an employee, offered to rehire the same employee, but the employee declined the offer?   

Answer: No. As an exercise of the Administrator’s and the Secretary’s authority under Section 1106(d)(6) of the CARES Act to prescribe regulations granting de minimis exemptions from the Act’s limits on loan forgiveness, SBA and Treasury intend to issue an interim final rule excluding laid-off employees whom the borrower offered to rehire (for the same salary/wages and same number of hours) from the CARES Act’s loan forgiveness reduction calculation. The interim final rule will specify that, to qualify for this exception, the borrower must have made a good faith, written offer of rehire, and the employee’s rejection of that offer must be documented by the borrower. Employees and employers should be aware that employees who reject offers of re-employment may forfeit eligibility for continued unemployment compensation.  

This rule makes it clear for laid off workers that the word employee is specific to the individual. Consequently, any employee who refuses to return to work is dropped from the calculation of loan forgiveness, provided we document the events and refusal.   

Our interpretation of the CARES Act and the interim final rules up to this point has been that the word “employee” was meant in its generic sense. This is the first sign that it might have a different meaning or differentiate between laid-off and terminated workers. Unfortunately, Treasury has yet to provide clear and complete guidance regarding loan forgiveness. We will continue to monitor these developments and provide information once it becomes available.  

3.  Last Chance to Get Stimulus Payment Direct Deposited 

On May 8, 2020, the IRS 
announced that taxpayers have until noon on May 13, 2020 to provide direct deposit information through the Get My Payment function of their website.  

After noon on May 13, 2020 the IRS will begin preparing millions of files to send paper checks. These checks should start arriving through late May and into June. The IRS warns all taxpayers to be on the lookout for scams related to these Economic Impact Payments. Since all service centers of the IRS are currently closed, any contact representing to be from the IRS should be viewed as suspicious.  

4.  What to do if you Received a Stimulus Payment in Error 

The Internal Revenue Service has 
posted information on how people who weren’t supposed to receive their economic impact payments should return the money. These rules generally apply to taxpayers that were deceased before the payment was received, are incarcerated or are non-resident aliens in 2020.  If the payment was a paper check: 

  • Write “Void” in the endorsement section on the back of the check. 
  • Mail the voided Treasury check immediately to the appropriate IRS location listed below. 
  • Do not staple, bend, or paper clip the check. 
  • Include a note stating the reason for returning the check.  

If the payment was a paper check and you have cashed it, or if the payment was a direct deposit: 

  • Submit a personal check, money order, etc., immediately to the appropriate IRS location listed below. 
  • Write on the check/money order made payable to “U.S. Treasury” and write 2020EIP, and the taxpayer identification number (social security number, or individual taxpayer identification number) of the recipient of the check. 
  • Include a brief explanation of the reason for returning the EIP. 

In these uncertain times, we are continually evolving to ensure that we do what is in the best interest of our clients, team, and community. 

We will continue to closely monitor the economic and tax changes and communicate important information to you timely and accurately. We are always available by phone or email to address your questions and concerns.  

We strongly encourage you to leverage our expertise during these trying times. We have a deep understanding and broad view of the economic climate, which can add significant value during times of uncertainty. We are committed to assisting you in successfully managing through the rapidly changing economic environment.  

Thank you for your continued support and stay safe!  

© 2020 

Posted in Blog | Comments Off on COVID-19 Update for the Week Ended May 9, 2020