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Covid-19

Posted May 4, 2020

Small Businesses Eligible for Numerous Relief Programs During Covid-19 Crisis

Posted April 2, 2020

Paycheck Protection Basics

Posted April 1, 2020

Coronavirus Aid, Relief, and Economic Security (CARES) Act

On Friday March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act is the single largest aid package in US history providing over $2 trillion in economic aid.

Our website contains an overview of the main tax impacts of the CARES Act including the Recovery Rebate payments to individuals, the relaxation of certain distribution rules on retirement accounts, charitable deductions, student loan relief, and more.

Paycheck Protection Program (PPP)

One of the main business-supporting provisions of the CARES Act is the Paycheck Protection Program (PPP). The Paycheck Protection Program authorized the Small Business Administration (SBA) to issue up to $349 billion in loans to small businesses impacted by the economic uncertainty caused by the COVID-19/coronavirus pandemic. Qualified businesses can borrow up to 2½ times their average monthly payroll costs to fund their business needs. Paycheck Protection Program loans can be used to cover wages and salaries, group health insurance premiums, rent expense, mortgage interest and utility costs (subject to some limitations).

To the extent that these PPP loan proceeds are used for wages and salaries, group health insurance premiums, rent, mortgage interest or utilities, the loan will be forgiven. The amount of the loan forgiveness will be reduced if a business reduces its overall workforce or if its payroll drops by over 25% after taking the loan. Any loan amounts that are not forgiven will need to be repaid by the business over a 10-year term at a fixed 4% interest. Businesses will not have to treat any forgiven loan amounts as taxable income. Paycheck Protection Program (PPP) loans will not be issued directly by the federal government but instead issued through participating banks and credit unions. Businesses will be able to submit applications to their participating banks and credit unions starting April 3, 2020.

We expect demand for these Paycheck Protection Program (PPP) loans to be very high!

Below is a list of banks we understand to be participating in SBA lending programs. This is not meant to be an all-inclusive list. Check with your bank or credit union to see if they are participating -and- alert them if you are interested in applying for a Paycheck Protection Program (PPP) loan.

Key Bank

Washington Federal Bank

Chase Bank

Bank of America

Umpqua Bank

Wells Fargo Bank

US Bank

Clackamas County Bank

Lewis & Clark Bank

Additional Paycheck Protection Program (PPP) Resources

Following is a link to the Paycheck Protection Program Borrower's Guide released by the Small Business Administration (SBA) on March 31, 2020. We recommend that all business clients (including independent contractors and self-employed individuals) get familiar with the program.

https://home.treasury.gov/system/files/136/PPP%20Borrower%20Information%20Fact%20Sheet.pdf?j=268557&sfmc_sub=108325215&l=3151_HTML&u=8813282&mid=7306387&jb=16&utm_medium=email&SubscriberID=108325215&utm_source=NewsUp_A20Mar225&Site=aicpa&LinkID=8813282&utm_campaign=Newsupdate&cid=email:NewsUp_A20Mar225:Newsupdate:accompanying+borrower+guide:aicpa&SendID=268557&utm_content=Special

Following is a link to the Paycheck Protection Program Application released by the Small Business Administration (SBA) on March 31, 2020.

https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Application-3-30-2020-v3.pdf?j=268557&sfmc_sub=108325215&l=3151_HTML&u=8813279&mid=7306387&jb=16&utm_medium=email&SubscriberID=108325215&utm_source=NewsUp_A20Mar225&Site=aicpa&LinkID=8813279&utm_campaign=Newsupdate&cid=email:NewsUp_A20Mar225:Newsupdate:Paycheck+Protection+Program+application:aicpa&SendID=268557&utm_content=Special

Emergency Economic Injury Disaster Loan (EIDL) Grants

Another provision of the CARES Act are grants through the Emergency Economic Injury Disaster Loan (EIDL) program. This is for businesses that are suffering right now and need rapid source of funding. Businesses that qualify can get an immediate $10,000 grant within days of application and approval. A key feature of these grants is that they do not have to be repaid under most circumstances. Following is a link to the EIDL program application

https://covid19relief.sba.gov/#/

 

Please let your Davis & Graves CPA know if you have questions or wish to discuss any of these programs further. Thanks for your support and understanding as we work to rapidly adjust to this massive and far-reaching new law. Stay safe and well.

 

 

Posted March 31, 2020

 

Tax Relief Provided by the CARES Act

 

We hope that you are keeping yourself and your loved ones well and safe from COVID-19. Along with paramount health concerns, you may be wondering about some of the recent tax changes meant to help everyone cope with the Coronavirus fallout. In addition to the IRS action to extend the 2019 tax filing and payment due date to July 15, 2020, there has been considerable action by the federal government to provide economic relief.  This letter provides an update on some of the tax-related provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress's gigantic economic stimulus package that was signed into law on March 27, 2020.

 

Recovery rebates for individuals. To help individuals stay afloat during this time of economicuncertainty, the government will send up to $1,200 payments to eligible taxpayers and $2,400 for married couples filing joints returns. An additional $500 additional payment will be sent to taxpayers for each qualifying child dependent under age 17 (using the qualification rules under the Child Tax Credit).

Rebates are gradually phased out, at a rate of 5% of the individual's adjusted gross income over $75,000 (singles or marrieds filing separately), $122,500 (head of household), and $150,000 (joint).  There is no income floor or ''phase-in''-all recipients who are under the phaseout threshold will receive the same amounts. Tax filers must have provided, on the relevant tax returns or other documents (see below), Social Security Numbers (SSNs) for each family member for whom a rebate is claimed. Adoption taxpayer identification numbers will be accepted for adopted children. SSNs are not required for spouses of active military members. The rebates are not available to nonresident aliens, to estates and trusts, or to individuals who themselves could be claimed as dependents.

The rebates will be paid out in the form of checks or direct deposits. Most individuals won't have to take any action to receive a rebate. IRS will compute the rebate based on a taxpayer's tax year 2019 return (or tax year 2018, if no 2019 return has yet been filed). If no 2018 return has been filed, IRS will use information for 2019 provided in Form SSA-1099, Social Security Benefit Statement, or Form RRB-1099, Social Security Equivalent Benefit Statement.

Rebates are payable whether or not tax is owed. Thus, individuals who had little or no income, such as those who filed returns simply to claim the refundable earned income credit or child tax credit, qualify for a rebate.

 

Waiver of 10% early distribution penalty. The additional 10% tax on early distributions from IRAs and defined contribution plans (such as 401(k) plans) is waived for distributions made between January 1 and December 31, 2020 by a person who (or whose family) is infected with the Coronavirus or who is economically harmed by the Coronavirus (a qualified individual). Penalty-free distributions are limited to $100,000, and may, subject to guidelines, be re-contributed to the plan or IRA. Income arising from the distributions are spread out over three years unless the employee elects to turn down the spread out. Employers may amend defined contribution plans to provide for these distributions. Additionally, defined contribution plans are permitted additional flexibility in the amount and repayment terms of loans to employees who are qualified individuals.

 

Waiver of required distribution rules. Required minimum distributions that otherwise would have to be made in 2020 from defined contribution plans (such as 401(k) plans) and IRAs are waived. This includes distributions that would have been required by April 1, 2020, due to the account owner's having turned age 70 1/2 in 2019.

 

Charitable deduction liberalizations. The CARES Act makes four significant liberalizations to the rules governing charitable deductions:

(1) Individuals will be able to claim a $300 above-the-line deduction for cash contributions made, generally, to public charities in 2020. This rule effectively allows a limited charitable deduction to taxpayers claiming the standard deduction.

(2) The limitation on charitable deductions for individuals that is generally 60% of modified adjusted gross income (the contribution base) doesn't apply to cash contributions made, generally, to public charities in 2020 (qualifying contributions). Instead, an individual's qualifying contributions, reduced by other contributions, can be as much as 100% of the contribution base. No connection between the contributions and COVID-19 activities is required.

(3) Similarly, the limitation on charitable deductions for corporations that is generally 10% of (modified) taxable income doesn't apply to qualifying contributions made in 2020. Instead, a corporation's qualifying contributions, reduced by other contributions, can be as much as 25% of (modified) taxable income. No connection between the contributions and COVID-19 activities is required.

(4) For contributions of food inventory made in 2020, the deduction limitation increases from 15% to 25% of taxable income for C corporations and, for other taxpayers, from 15% to 25% of the net aggregate income from all businesses from which the contributions were made.

 

Exclusion for employer payments of student loans. An employee currently may exclude $5,250 from income for benefits from an employer-sponsored educational assistance program. The CARES Act expands the definition of expenses qualifying for the exclusion to include employer payments of student loan debt made before January 1, 2021.

 

Break for remote care services provided by high deductible health plans. For plan years beginning before 2021, the CARES Act allows high deductible health plans to pay for expenses for tele-health and other remote services without regard to the deductible amount for the plan.

 

Break for nonprescription medical products. For amounts paid after December 31, 2019, the CARES Act allows amounts paid from Health Savings Accounts and Archer Medical Savings Accounts to be treated as paid for medical care even if they aren't paid under a prescription. And, amounts paid for menstrual care products are treated as amounts paid for medical care. For reimbursements after December 31, 2019, the same rules apply to Flexible Spending Arrangements and Health Reimbursement Arrangements.

 

Business only provisions

Employee retention credit for employers. Eligible employers can qualify for a refundable credit against, generally, the employer's 6.2% portion of the Social Security (OASDI) payroll tax (or against the Railroad Retirement tax) for 50% of certain wages (below) paid to employees during the COVID-19 crisis. The credit is available to employers carrying on business during 2020, including non-profits (but not government entities), whose operations for a calendar quarter have been fully or partially suspended as a result of a government order limiting commerce, travel or group meetings. The credit is also available to employers who have experienced a more than 50% reduction in quarterly receipts, measured on a year-over-year basis relative to the corresponding 2019 quarter, with the eligible quarters continuing until the quarter after there is a quarter in which receipts are greater than 80% of the receipts for the corresponding 2019 quarter.

For employers with 100 or fewer full-time employees in 2019, all employee wages are eligible, even if employees haven't been prevented from providing services. The credit is provided for wages and compensation, including health benefits, and is provided for the first $10,000 in eligible wages and compensation paid by the employer to an employee. Thus, the credit is a maximum $5,000 per employee.

Wages don't include (1) wages taken into account for purposes of the payroll credits provided by the earlier Families First Coronavirus Response Act for required paid sick leave or required paid family leave, (2) wages taken into account for the employer income tax credit for paid family and medical leave (under Code Sec. 45S) or (3) wages in a period in which an employer is allowed for an employee a work opportunity credit (under Code Sec. 51). An employer can elect to not have the credit apply on a quarter-by-quarter basis.

The IRS has authority to advance payments to eligible employers and to waive penalties for employers who do not deposit applicable payroll taxes in reasonable anticipation of receiving the credit. The credit is not available to employers receiving Small Business Interruption Loans. The credit is provided for wages paid after March 12, 2020 through December 31, 2020.

Delayed payment of employer payroll taxes. Taxpayers (including self-employeds) will be able to defer paying the employer portion of certain payroll taxes through the end of 2020, with all 2020 deferred amounts due in two equal installments, one at the end of 2021, the other at the end of 2022. Taxes that can be deferred include the 6.2% employer portion of the Social Security (OASDI) payroll tax and the employer and employee representative portion of Railroad Retirement taxes (that are attributable to the employer 6.2% Social Security (OASDI) rate). The relief isn't available if the taxpayer has had debt forgiveness under the CARES Act for certain loans under the Small Business Act as modified by the CARES Act (see below). For self-employeds, the deferral applies to 50% of the Self-Employment Contributions Act tax liability (including any related estimated tax liability).

Net operating loss liberalizations. The 2017 Tax Cuts and Jobs Act (the 2017 Tax Law) limited NOLs arising after 2017 to 80% of taxable income and eliminated the ability to carry NOLs back to prior tax years. For NOLs arising in tax years beginning before 2021, the CARES Act allows taxpayers to carryback 100% of NOLs to the prior five tax years, effectively delaying for carrybacks the 80% taxable income limitation and carryback prohibition until 2021.

The Act also temporarily liberalizes the treatment of NOL carryforwards. For tax years beginning before 2021, taxpayers can take an NOL deduction equal to 100% of taxable income (rather than the present 80% limit). For tax years beginning after 2021, taxpayers will be eligible for: (1) a 100% deduction of NOLs arising in tax years before 2018, and (2) a deduction limited to 80% of taxable income for NOLs arising in tax years after 2017.

The provision also includes special rules for REITS, life insurance companies, and the Code Sec. 965 transition tax. There are also technical corrections to the 2017 Tax Law effective dates for NOL changes.

Deferral of noncorporate taxpayer loss limits. The CARES Act retroactively turns off the excess active business loss limitation rule of the TCJA in Code Sec. 461(l) by deferring its effective date to tax years beginning after December 31, 2020 (rather than December 31, 2017). (Under the rule, active net business losses in excess of $250,000 ($500,000 for joint filers) are disallowed by the 2017 Tax Law and were treated as NOL carryforwards in the following tax year.)

The CARES Act clarifies, in a technical amendment that is retroactive, that an excess loss is treated as part of any net operating loss for the year, but isn't automatically carried forward to the next year. Another technical amendment clarifies that excess business losses do not include any deduction under Code Sec. 172 (NOL deduction) or Code Sec. 199A (qualified business income deduction).

Still another technical amendment clarifies that business deductions and income don't include any deductions, gross income or gain attributable to performing services as an employee. And because capital losses of non-corporations cannot offset ordinary income under the NOL rules, capital loss deductions are not taken into account in computing the Code Sec. 461(l) loss and the amount of capital gain taken into account cannot exceed the lesser of capital gain net income from a trade or business or capital gain net income.

Acceleration of corporate AMT liability credit. The 2017 Tax Law repealed the corporate alternative minimum tax (AMT) and allowed corporations to claim outstanding AMT credits subject to certain limits for tax years before 2021, at which time any remaining AMT credit could be claimed as fully-refundable. The CARES Act allows corporations to claim 100% of AMT credits in 2019 as fully-refundable and further provides an election to accelerate the refund to 2018.

Relaxation of business interest deduction limit. The 2017 Tax Law generally limited the amount of business interest allowed as a deduction to 30% of adjusted taxable income (ATI). The CARES Act generally allows businesses, unless they elect otherwise, to increase the interest limitation to 50% of ATI for 2019 and 2020, and to elect to use 2019 ATI in calculating their 2020 limitation. For partnerships, the 30% of ATI limit remains in place for 2019 but is 50% for 2020. However, unless a partner elects otherwise, 50% of any business interest allocated to a partner in 2019 is deductible in 2020 and not subject to the 50% (formerly 30%) ATI limitation. The remaining 50% of excess business interest from 2019 allocated to the partner is subject to the ATI limitations. Partnerships, like other businesses, may elect to use 2019 partnership ATI in calculating their 2020 limitation.

Technical correction to restore faster write-offs for interior building improvements. The CARES Act makes a technical correction to the 2017 Tax Law that retroactively treats (1) a wide variety of interior, non-load-bearing building improvements (qualified improvement property (QIP)) as eligible for bonus depreciation (and hence a 100% write-off) or for treatment as 15-year MACRS property or (2) if required to be treated as alternative depreciation system property, as eligible for a write-off over 20 years. The correction of the error in the 2017 Tax Law restores the eligibility of QIP for bonus depreciation, and in giving QIP 15-year MACRS status, restores 15-year MACRS write-offs for many leasehold, restaurant and retail improvements.

Accelerated payment of credits for required paid sick leave and family leave. The CARES Act authorizes IRS broadly to allow employers an accelerated benefit of the paid sick leave and paid family leave credits allowed by the Families First Coronavirus Response Act by, for example, not requiring deposits of payroll taxes in the amount of credits earned.

Pension funding delay. The CARES Act gives single employer pension plan companies more time to meet their funding obligations by delaying the due date for any contribution otherwise due during 2020 until January 1, 2021. At that time, contributions due earlier will be due with interest. Also, a plan can treat its status for benefit restrictions as of December 31, 2019 as applying throughout 2020.

Certain SBA loan debt forgiveness isn't taxable. Amounts of Small Business Administration Section 7(a)(36) guaranteed loans that are forgiven under the CARES Act aren't taxable as discharge of indebtedness income if the forgiven amounts are used for one of several permitted purposes. The loans have to be made during the period beginning on February 15, 2020 and ending on June 30, 2020.

Suspension of certain alcohol excise taxes. The CARES Act suspends alcohol taxes on spirits withdrawn during 2020 from a bonded premises for use in or contained in hand sanitizer produced and distributed in a manner consistent with FDA guidance related to the outbreak of virus SARSCoV- 2 or COVID-19.

Suspension of certain aviation taxes. The CARES Act suspends excise taxes on air transportation of persons and of property and on the excise tax imposed on kerosene used in commercial aviation. The suspension runs from March 28, 2020 to December 31, 2020.

IRS information site. Ongoing information on the IRS and tax legislation response to COVID- 19 can be found at https://www.irs.gov/coronavirus.

 

Posted March 23, 2020

Below are a series of updates on the Covid-19/Coronavirus response and how they may affect your 2019 income taxes...

  • On March 20, 2020, the IRS automatically postponed the due date for filing 2019 tax returns April 15, 2020 to July 15, 2020.
    • The same postponement applies to Federal tax payments. No penalties or interest will apply to Federal tax payments as long as they are made by July 15, 2020.
    • Estimated tax payments for the first quarter of 2020 are also now not due until July 15, 2020.
    • Taxpayers do not have to file a Federal extension in order to take advantage of the July 15th postponed due date.
    • The July 15th postponed due date applies to individuals, trusts, estates, corporations, partnerships, and associations.
  •  The IRS is continuing to process tax returns and issue refunds to the extent they are able. 
  • On March 23, 2020, Oregon Governor Kate Brown issued Executive Order 20-12 directing individuals to stay in their homes to the maximum extent possible. In response to this order, Davis & Graves CPA, LLP has closed our office until further notice.
    • Our staff will continue to work from home and from non-public workspaces where effective social distancing can be maintained.
    • If you have already provided us with your 2019 tax documents, we will continue to work on your return. We ask for your patience in this changing environment.
    • If you have not yet provided us with 2019 tax documents, please use this time to gather the necessary information and mail it to office or upload electronic documents. Our website provides options for the secure transfer of electronic files (https://www.davisgraves.com/client-login)
    • When your tax return is ready, we will contact you to make arrangements to either mail or electronically deliver it to you along with your source documents. If you prefer an in-person delivery of your tax return, that will need to be postponed until a time after the Oregon stay-at-home order is lifted and we determine that in-person meetings are once again prudent.
  • Davis & Graves CPA, LLP payroll services will continue uninterrupted.
  • On March 20, 2020 the IRS announced the closure of all Taxpayer Assistance Centers and discontinued face-to-face service throughout the country until further notice.
    • If contact with the IRS is required in order to obtain answers to taxpayer questions or address ongoing IRS actions, your CPA will have to wait until centers reopen or make the contact/inquiries by mail. In either case, communication with IRS will take longer than normally expected.
  • Several Federal relief programs have either been implemented or are being debated by the US Congress.
    • The Families First Coronavirus Response Act was enacted March 18, 2020 requiring certain employers to provide workers with paid medical/family leave when the workers must be away because they or a family member are affected by Covid-19/Coronavirus or they need to stay home caring for minor children whose schools are closed.
    • The Small Business Administration (SBA) has loan options available to businesses impacted by Covid-19/Coronavirus.
    • Watch the Davis & Graves CPA, LLP e-newsletter for updates on these and other relief programs.

If you have any questions, please email firm@davisgraves.com and we will respond as soon as possible. Stay well!