Withum COVID-19 Bill Update – 6/9/2020

June 10, 2020

60/40 “Cliff” Rule Addressed: As we previously noted, the PPP Flexibility Act. changed the 75%/25% rule to a 60%/40% rule, allowing companies to realize a greater benefit from the non-payroll costs they incurred during their covered period. However, the law seemed to introduce a “cliff” effect whereby a borrower would not obtain ANY loan forgiveness if they did not spend at least 60% of their forgivable expenses on payroll. A joint statement made by Mnuchin and the Treasury today has clarified that this is not the intent. As noted below, it appears the intent is for the mechanics of this ratio to work in a similar way to the previous rule, meaning that non-payroll costs cannot exceed 40% of the total amount of forgiven costs, thus there is not a scenario where there will be no forgiveness on amounts spent if you do not reach a certain spend on payroll.  Borrowers just need to understand that increasing spend on payroll increases the non-payroll costs that will be eligible for forgiveness. This is obviously a welcomed clarification for borrowers. 

Lower the requirements that 75 percent of a borrower’s loan proceeds must be used for payroll costs and that 75 percent of the loan forgiveness amount must have been spent on payroll costs during the 24-week loan forgiveness covered period to 60 percent for each of these requirements. If a borrower uses less than 60 percent of the loan amount for payroll costs during the forgiveness covered period, the borrower will continue to be eligible for partial loan forgiveness, subject to at least 60 percent of the loan forgiveness amount having been used for payroll costs.

Reminder Section:  (what should I be doing):

  • Call your payroll company about claiming the payroll tax deferrals and employee retention credits that were made available in the CARES Act.
  • Talk to your payroll company about the Sick Pay Bill (passed prior to the CARE Bill).
  • Consider speaking with your bank to discuss changes to terms of existing debt facilities. The banking system remains strong.
  • If you have already applied for the PPP, start forecasting how you intend to spend the funds and how to qualify for the highest amount of forgiveness possible.
Related Articles
COVID-19 has rocked what had appeared to be a nearly invincible economy; one associated with substantial job growth, multi-decade lows in unemployment, sturdy compensation increases, robust retail sales, low inflation, and strong financial market performance. Join MCAA and Anirban Basu, Chairman & CEO of Sage Policy Group, Inc., on December 15th at 3pm EST for a webinar on our current economic circumstances, possible difficulties in our foreseeable future, and the contours of the brisk recovery to come thereafter.…
OSHA recently issued new guidance on how to use workplace ventilation systems to reduce exposures to the coronavirus, including efficiency targets for air filters and recommendations for fan use. The guidance calls for employers to install HVAC filters with minimum efficiency reporting value ratings of “13 or higher, where feasible,” and to “consider using” high-efficiency particulate air fan and filtration systems, “especially in higher-risk areas.”…
The CDC recently reported that airborne transmission of SARS-CoV-2 can occur in rare cases under just the right circumstances. In most cases, the virus is transmitted from one person to another in droplet form, and occurs when affected individuals are less than six feet away from the source for 15 minutes or more. However, new research indicates that when exposure occurs in enclosed spaces, exposure time is greater than 30 minutes, and some kind of expiratory exertion is taking place, such as shouting, singing, or exercising, the virus can be transmitted in aerosol form (smaller particles suspended in air).…
As the very public debate in Congress regarding another stimulus bill rolls on, Withum wanted to share an update issued late last week by the SBA, in conjunction with the Department of Treasury. With lobbying groups, lenders, and borrowers long-since advocating for a more simple forgiveness process, specifically for smaller loans, the SBA took this into their own hands late last week, as they released a new interim final rule (“IFR”).…

MCAA’s GreatFutures Virtual Fall Program kicks off tomorrow, September 15. Each of the 17 presentations is meant to help guide students through the proposal and bid process for the annual MCAA Student Chapter Competition project. Don't forget to register! http://ow.ly/w63v50BqCSg

MCAA is excited to announce REGISTRATION IS OPEN for the PCA Virtual Education Series! This year, attendees will virtually walk through seven workstations at JPG Plumbing & Mechanical Service, Inc. as representatives speak about the various aspects. http://ow.ly/DHGK50Bgm0C

Register today for MCAA’s GreatFutures Virtual Fall Program starting September 15 through November 17! Each presentation is meant to help students navigate the proposal and bid process for the annual Student Chapter Competition project. http://ow.ly/TPMN50BfM7N

Registration is open for MCAA’s GreatFutures Fall Virtual Program! From September 15 through November 17, MCAA will host 17 presentations aimed at guiding our student chapters through creating a bid for the annual MCAA Student Chapter Competition project. http://ow.ly/mfbe50B7SZd

Load More...