Posts in COVID-19.

President Biden has signed the PPP Extension Act of 2021. The new law extends the Paycheck Protection Program (PPP) application filing deadline from March 31, 2021 to May 31, 2021.  The new law gives qualifying businesses and individuals more time to apply for a PPP loan.

While this new law does not increase the amount of funding available for PPP loans, Congress did authorize $7.25 billion in additional PPP funding under the recent American Rescue Plan Act.

On March 11, 2021, President Biden signed into the law the American Rescue Plan Act (“ARPA”) containing $1.9 trillion in financial stimulus.  Though not highly publicized, the ARPA provides important relief related to plan funding for both single employer and multiemployer pension plans.  This article will focus solely on the single employer pension plan provisions of the ARPA.

Pension plans are required to maintain certain funding levels.  Funding levels are determined by a series of complex calculations usually performed by actuaries hired by plan sponsors.  These ...

Prior to the passage of The American Rescue Plan Act of 2021 on March 11, 2021 (the “Rescue Act”) the employee retention credit, as amended by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (the “Relief Act”), was set to expire for wages paid after June 30, 2021.  The Rescue Act extends the employee retention credit to qualifying wages paid through December 31, 2021.  Consequently, qualifying employers may be eligible to claim an additional $14,000 of credits per employee in 2021.

A summary of the employee retention credit as amended by the Relief Act is available here.

The second PPP loan program is due to expire March 31, 2021.  Many eligible businesses have still not applied.  President Biden announced changes to the program on February 22, 2021 making it easier to qualify for a PPP loan now, and particularly for sole proprietors, independent contractors, and self-employed individuals.

The PPP loan program still has funds available.  Congress could also extend the March 31, 2021 termination date for loan applications.  However, Congressional extension is not certain, and qualifying individuals and businesses should consider applying for a PPP ...

The Employee Retention Credit, as originally enacted on March 27, 2020 by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), is a refundable tax credit against certain employment taxes equal to 50% of the qualified wages an eligible employer pays to employees after March 12, 2020, and before January 1, 2021.  The Taxpayer Certainty and Disaster Tax Relief Act (Relief Act), enacted on December 27, 2020 amended and extended the Employee Retention Credit.  On March 1, 2021, the IRS released Notice 2021-20 to provide guidance on the original Employee Retention Credit, as ...

The US Department of Justice announced the first civil settlement involving allegations of fraud against a PPP borrower.

SlideBelts Inc. received a PPP loan under the CARES Act.  SlideBelts is an internet retail company and debtor in bankruptcy.  SlideBelts and its president/CEO agreed to resolve the allegations in connection with the PPP loan by paying the government damages and penalties of $100,000.  SlideBelts had already repaid the $350,000 PPP loan it had received.

The announced civil settlement resolves claims that the conduct of SlideBelts and its president/CEO violated ...

PPP loans received by individuals and businesses under the CARES Act will be audited (“reviewed”) by the SBA.  The new Economic Aid Act also requires the SBA to submit a forgiveness audit plan within 45 days after enactment and report updates every 30 days thereafter. Additionally, the Economic Aid Act now allocates $50 million for PPP audits and fraud mitigation efforts.  PPP loans of $2 million or more will automatically be audited by the SBA.  Many PPP loans of less than $2 million will be audited as well.

PPP loan audits are being handled by the SBA.  Borrowers will often receive ...

Posted in: COVID-19

The Economic Aid Act authorizes new PPP loans for first-time borrowers, as well as applications for a Second Draw PPP Loan for those that already received a loan last year. This alert addresses the requirements and issues for the self-employed and sole proprietors with no employees, who wish to apply for a Second Draw PPP Loan under the new law.

Requirements:

If you are self-employed/or a sole proprietor, with no W-2 employees, and you report income from your business on your personal tax return (Form 1040/Schedule C), and if you qualified for a First Draw PPP Loan and would continue to ...

Posted in: COVID-19
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