Posts from July 2020.

The U.S. Department of Labor (the “DOL”) recently released an information letter that concludes, if certain conditions are met, a plan fiduciary will not violate his fiduciary duties under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) by offering a “professionally managed asset allocation fund with a private equity component as a designated investment alternative for an ERISA covered individual account plan.” This information letter (DOL Information Letter to Jon W. Breyfogle, June 3, 2020; hereinafter referred to as the ...

Tags: DOL, ERISA, Tax, Tax Law

The SBA and the United States Treasury have now released a list of over 600,000 PPP loan borrowers who received PPP loans of $150,000 or more.  This list includes the name of the borrowers, the general loan range of the PPP loans received, the state in which the borrower is located, and other information.

The list released by SBA/Treasury contains expected information about borrowers in many industries, including restaurants, construction, and other industries hard-hit by the COVID-19 pandemic, and certainly in need of financial help to get through the economic uncertainly and ...

A lot has happened since the final regulations revising the hardship distribution rules were issued on September 23, 2019 (the “Hardship Regulations”).  The Secure Act was enacted in December 2019, followed by the Cares Act in March 2020, along numerous extensions of various deadlines related to employee benefit compliance.  On top of that, the country is in the middle of the COVID-19 pandemic resulting in widespread business and employment disruptions.  Needless to say, it would not be a surprise if the Hardship Regulations and the amendments necessary to implement them have ...

The Paycheck Protection Program under the CARES Act ended June 30, 2020, and with over $520 billion loaned to nearly 4.9 million self-employed individuals and businesses.  The PPP was hastily passed by Congress and inconsistently-interpreted by government agencies.  Over $125 billion remained available under the PPP, but because of the often complex and uncertain conditions for receiving loans under the program no one was interested in receiving these remaining funds - even where they could have been forgiven.

With the US economy still struggling, Congress has now rushed to pass an ...

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