Withum COVID-19 Bill Update – 5/26/2020

May 26, 2020

IFR 14 – On May 22nd, the SBA issued its 14th “final” ruling with respect to the PPP.  We have written extensively about it in this article. Much of this ruling seems to support assertions made on the application itself which recently was released. The application came out before this ruling, and an application is certainly not “law”, thus this IFR was needed to cement the SBAs views on a variety of issues.

We highly recommend you read the entire article as many topics were covered, but here are some notable highlights:

  • For the purpose of forgiveness, owners of Partnerships and Schedule C’s are capped at their 2019 earnings. That could be problematic for companies that had down years in 2019.
  • As we know, borrowers do not have to count (as a reduction of FTEs) employees who were offered employment during the covered period and refused to come back to work,  however this IFR indicates that the borrower will need to inform the applicable state unemployment insurance office of the rejected offer of reemployment within 30 days of the rejection.
  • As we expected, employee hazard pay and bonuses are eligible for loan forgiveness because they are a similar form of compensation. Notably, the IFR offers no other limitations on the payment of bonuses, so the bonus payment may be able to exceed 8 weeks’ worth of the annual bonus amounts and still be eligible for forgiveness (up to the $15,385 limit).

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
According to the CDC, COVID-19 vaccines are safe and effective. Some individuals may experience side effects, but they are typically short lived. For the most part, the benefits of the vaccine far outweigh the short duration side effects. With more Americans receiving the vaccines every day it is important to start planning for the post vaccine era. These guidelines are intended to help you do just that, but it is likely that they will change several times over the coming months, so please continuously watch for updates from MCAA. …
The CDC has revised its guidelines regarding cleaning and disinfecting surfaces to prevent the spread of COVID-19. The virus that causes COVID-19 can land on surfaces, and it's possible for people to become infected if they touch those surfaces and then touch their nose, mouth, or eyes. However, it has been determined that the risk of infection from touching a surface is low. The CDC now believes that the most reliable way to prevent infection is to regularly wash hands and use hand sanitizers.…
The purpose of the week is to support the CDC's campaign to raise awareness about the safety, effectiveness, and benefits of receiving a COVID-19 vaccine. The CDC is providing an Essential Workers COVID-19 Vaccine Toolkit to help affected employers educate their workers about COVID-19 vaccines.…
The new administration is putting a lot of pressure on OSHA to perform COVID-19 related inspections and enforce the agency’s guidance to prevent the spread of COVID-19 in the workplace. OSHA’s new Special Emphasis Program (SEP) on COVID-19 gives the agency the impetus it needs to do just that. Employers should prepare for the possibility of unprogrammed and programmed COVID-19 inspections. …

Don't miss MCAA’s Sponsor Spotlight #19 with MCAA’s CEO, Timothy Brink and @johnsoncontrols' Vice President, Sales, HVAC & Controls, Brandon Jackson. Register today to join Tim and Brandon on Friday, April 23rd at 2 p.m. Eastern. http://ow.ly/KwDJ50Etc7k

MCAA’s 2021 MEP Innovation Conference is proving to be a popular platform for contractors to learn about how new tools, processes, technology and equipment are impacting our operations. This is your last chance to join the more than 700 already registered. http://ow.ly/9KlT50Es57S

COVID-19 has changed the way we work. From implementing new safety protocols to navigating delays, contractors have more processes to learn and more variables to consider. Get tips for using digital technology to maximize efficiency from @RakenApp.

http://ow.ly/nCS250EoIxA

Load More...