Latest Changes to PPP Loan Program Designed to Assist Self-Employed and Smaller Businesses

On February 22, 2021, the Biden administration announced several reforms to the Paycheck Protection Program (PPP) to direct more funding towards the smallest and neediest businesses and promote equitable access to relief. The five major changes announced may make a significant difference if you are a small business owner working on your own or with less than 20 employees, have student debt or are a Green Card holder.

The Affordable Care Act and How to Stay Compliant

In 2010, the Affordable Care Act (ACA) was passed and signed into law, requiring employers with 50 or more full-time employees to offer minimum essential coverage to at least 95 percent of their full-time employees. If coverage isn’t offered or if the coverage offered isn’t affordable, the employer can face an IRS assessment known as an Employer Shared Responsibility Payment (ESRP).

Stephen Klein & Tim Oberst Share Insight on Second Round of Paycheck Protection Program Loans

While the first round of the Paycheck Protection Program (PPP) provided a much-needed economic boost for businesses hit hard by the COVID-19 pandemic, many companies that received a loan have continued to struggle to stay afloat. At last, however, some of the hardest-hit industries now have a chance at survival due to the many improvements Congress built into the second round of PPP loans, which are now underway.

2021 Consolidated Appropriations Act: Tax Provisions and Impact

After several days of negotiation, the Consolidated Appropriations Act, 2021 (the “CAA”) was passed by Congress on December 21, 2020 and signed by the president on December 27. The legislation includes numerous provisions intended to provide additional relief in response to the ongoing COVID-19 crisis.

Tax Planning for California’s Temporary NOL Deduction Suspension and Business Tax Credit Limitation

Amidst the commercial shutdowns brought on by COVID-19, state revenue collections have plummeted nationwide resulting in significant budget shortfalls. In response, many states are taking action. In an effort to overcome an estimated budget deficit of over $50 billion, California Governor Gavin Newsom signed Assembly Bill 85 (“A.B. 85”) on June 29, 2020. The bill contains several tax measures to provide much-needed tax revenue.

Remote Employee Nexus Relief

Despite states relaxing shelter-in-place and work-from-home mandates, most employers continue to allow employees to work remotely. Employees have since transitioned to exclusively working from their home offices, vacation homes or other remote locations.

Uncertainty Complicates 2020 Year-End Tax Planning

As 2020 comes to a close, individuals and businesses are looking to carry out their year-end tax planning in a potentially changing political landscape. Although Vice President Joe Biden is expected to be sworn in as president on January 20, 2021 and Democrats have maintained control of the House of Representatives, the Senate remains undecided because of two run-off races in Georgia scheduled for January 5, 2021.

SBA Explains Loan Necessity Questionnaires in Updated PPP FAQs

On December 9, 2020, the Small Business Administration (SBA) updated a set of “frequently asked questions” (FAQs) concerning the Paycheck Protection Program (PPP). The SBA released FAQ #53 to explain why recipients of PPP loans of $2 million or more are receiving Loan Necessity Questionnaires.

IRS Doubles Down on Non-Deductibility of Expenses Paid with Forgiven PPP Loan Proceeds

Since the IRS issued Notice 2020-32, PPP borrowers and their advisors have questioned whether they can deduct forgivable expenses paid with PPP loan proceeds on their 2020 tax returns if the loan will not be forgiven until 2021. On November 18, 2020, the IRS released Revenue Ruling 2020-27 and Revenue Procedure 2020-51 resolving the timing issues related to PPP loan forgiveness and the deductibility of related PPP expenses.

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