Tax Warrior Chronicles

PPP Update #9 – Loan Forgiveness Application Released by SBA

Posted on Mon, May 18, 2020

As guidance in this area is being released regularly, we recommend you read all of our blogs on this subject.  All the blogs in the Paycheck Protection Program series are here: Updates #1, #2#3#4#5#6#7, #8, #9

 

Many hoped the delay in guidance regarding Payroll Protection Program (PPP) loan forgiveness meant SBA and Treasury were taking their time coordinating an application and associated guidance to provide borrower’s clarity. Regrettably, on Friday evening, May 15, the SBA released the PPP Forgiveness Application with no additional guidance issued by the Treasury.  While we had a passing thought that maybe the application was so clear no further guidance was needed; we quickly

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529 Plans & COVID-19 Tuition Refunds - 60 Days to Act

Posted on Fri, May 15, 2020

There have been many adjustments to society due to the coronavirus; the largest, of course, being the extended stay-at-home order. With fears of the virus spreading, schools have quickly switched to online learning and closed campus dorms. Many students who paid for room and board have or will receive partial refunds from their learning institutions, possibly leading to an unexpected tax bill.  If a student, or their parents, used a 529 plan withdrawal to pay for qualified education costs and then received a refund from the educational institution it is important to take action within 60 days of receiving the refund. Here’s why…

 

What should account owners do?  

Option One

To avoid an

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PPP Update #8 – What if I Can’t Rehire My Employees? Should I Keep My PPP Money? Can I Get More PPP Money?

Posted on Thu, May 14, 2020

As guidance in this area is being released regularly, we recommend you read all of our blogs on this subject.  All the blogs in the Paycheck Protection Program series are here: #1, #2#3#4#5#6#7#8#9

 

What if I Can’t Hire My Employees Back?

Given the generous unemployment provisions of the CARES Act, many businesses that obtained PPP loans are having difficulty rehiring employees that may now be collecting more on unemployment than their normal wages.  This puts PPP loan recipients in a precarious position, as a business must maintain its workforce through the eight-week, post-loan period to receive full PPP forgiveness.

 

Fortunately, FAQ #40 issued by Treasury on April 29

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IRS Allowing Mid-year Changes to Health and Dependent Care Plan Elections

Posted on Wed, May 13, 2020

COVID-19 has led to changes in many employees’ circumstances, from changes in a spouse’s employment and benefits eligibility to significant changes in medical or dependent care expenses. These changes in circumstances mean that many employees may need additional flexibility in their Section 125 Cafeteria Plans.  Various employers have indicated a willingness to offer employees such flexibility and the IRS has responded favorably by recently issuing Notice 2020-29.

 

Below are the highlights of Notice 2020-29

 

Employer Sponsored Health Coverage

  • Section 125 Plans may now allow for the following mid-year changes to employer sponsored health coverage:
    • Make a new election on a prospective
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PPP Update #7 – What’s New? – Clarity on Deductibility of Expenses & Other Items

Posted on Fri, May 01, 2020

As guidance in this area is being released regularly, we recommend you read all of our blogs on this subject.  All the blogs in the Paycheck Protection Program series are here: Updates #1, #2#3#4#5#6#7, #8, #9

 

 

While many await formal guidance about the Paycheck Protection Program (PPP) loan forgiveness, the SBA and Treasury were busy issuing various other guidance this week.  Today, we outline and provide our thoughts about this week’s guidance, including deductibility of expenses paid with PPP funds and PPP eligibility standards.

 

IRS Issues Guidance on Deductibility of Expenses Paid with PPP Funds

On April 30th, the IRS issued Notice 2020-32.  The Notice addresses the

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PPP Update #6 - Additional Funding Signed into Law & Eligibility Guidance Updated

Posted on Fri, Apr 24, 2020

As guidance in this area is being released regularly, we recommend you read all of our blogs on this subject.  All the blogs in the Paycheck Protection Program series are here: Updates #1, #2#3#4#5#6#7#8, #9

 

Our last Paycheck Protection Program (PPP) blog on Thursday, April 16, covered long-awaited guidance for self-employed individuals and partnerships. However, that same day, the SBA announced the PPP ran out of money.  Today, we bring you good news about additional funding and an update on eligibility guidance.

 

Additional PPP Funding

This afternoon, April 24, the President signed into law the Paycheck Protection Program and Health Care Enhancement Act.  The Act provides

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Opportunities to Increase Cash Flow from 2018–2020 Business Losses

Posted on Wed, Apr 22, 2020

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides relief to taxpayers with net operating losses (“NOLs”) and excess business losses (“EBLs”) arising in taxable years 2018 to 2020.  The IRS recently issued guidance related to the new NOLs rules under the CARES Act, which are favorable to taxpayers seeking such relief.

 

Background – Net Operating Losses

Generally, NOLs for businesses and individuals can offset income in future or prior tax years when the company or individuals have income.  The 2017 Tax Cuts and Jobs Act (“TCJA”) changed the NOL carryback and carryforward rules by disallowing all carrybacks NOLs arising in taxable years beginning after December

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PPP Update #5 – New Guidance for Individuals and Partners with Self-Employment Income

Posted on Thu, Apr 16, 2020

As guidance in this area is being released regularly, we recommend you read all of our blogs on this subject.  All the blogs in the Paycheck Protection Program series are here: Updates #1, #2#3#4#5#6#7, #8, #9

 

For some reason the SBA really likes issuing CARES Act guidance Tuesday evenings around 5:00PM.  This was again the case on Tuesday, April 14th when it issued its third interim final rule (regulation) related to the Paycheck Protection Program (PPP).  The third interim final rule provides guidance for individuals with self-employment income who file a Form 1040, Schedule C and provides an update specific to the calculation of payroll costs for partners in a partnership. 

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Employee Retention Credits - Alternative Relief to Paycheck Protection Loans

Posted on Wed, Apr 15, 2020

As the coronavirus continues to overwhelm our nation’s economic and health systems, new tax credits have been introduced to ease the financial hardship placed upon families and business throughout the country.   One such credit, the Employee Retention Credit, was included in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

 

Summary

The Employee Retention Credit allows eligible employers to receive credit for wages paid while their business is partially or totally suspended due to governmental authority limiting commerce, travel, or group meetings due to COVID-19 or the business is experiencing significant decline in gross receipts.

 

Important Notes

  • Taxpayers receiving
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Delay of Payment of 2020 Employer Payroll Taxes

Posted on Tue, Apr 14, 2020

When Congress enacted the Coronavirus, Aid, Relief and Economic Security Act (CARES Act), the goal was to provide flexibility to businesses during an unprecedented time.  Section 2302 of the CARES Act seeks to provide flexibility by allowing businesses, and self-employed individuals, to defer payment of the “employer” portion of Social Security taxes.

 

CAUTION: This provision seeks to provide temporary liquidity to businesses and self-employed individuals.  Any payments delayed must eventually be paid timely or you risk being subject to the Trust Fund Recovery Penalty; one of the largest penalties charged by the IRS.

 

Background of payroll taxes

Employers who pay wages to employees are

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