Down With PPPs? The Continuing Saga of the Payment Protection Program

No good deed goes unpunished. Aimed at providing a financial lifeline during the “stay home” world of the COVID-19 pandemic, the federal government flung the Paycheck Protection Program (“PPP”) to the “small business” community. The PPP was one of several programs in the $2 Trillion CARES Act stimulus bill. President Donald J. Trump quickly signed …

Paycheck Protection Program Flexibility Act Modifies Paycheck Protection Program

On May 28, 2020, the Paycheck Protection Program Flexibility Act of 2020 (the “Act”) was passed by the U.S. House of Representatives. On June 3, 2020, the Act was passed by unanimous consent by the Senate. The Act now awaits signature by the President. The Act makes significant changes to the Paycheck Protection Program (“PPP”), …

Spousal Tax Relief

Taxpayers should be aware that by signing a joint tax return with your spouse, you are jointly and severally (individually) responsible for any tax, interest, and penalties that arise from that return. The IRS can pursue collection from either you or your spouse (or former spouse). However, you may be absolved of part or all …

9th Circuit Affirms Decision Including Entire Value of GRAT in Decedent’s Gross Estate

On April 28, 2020, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in Badgley v. U.S.  In so doing, the Court affirmed a lower court determination that the entire date-of-death value of the assets of a Grantor Retained Annuity Trust (“GRAT”) were includible in the settlor’s gross estate for federal estate tax …

June 30, 2020 Deadline Looms Large for Businesses with 2018 Net Operating Losses

As if business owners did not have enough to worry about in light of various deadlines of all types including when and whether to submit Paycheck Protection Program (“PPP”) loan applications, how to account for the use of the funds, whether to return the PPP borrowed monies and when and how to file applications for …

Canada’s Emergency Commercial Rent Assistance Program (CERCA)

On April 24, 2020, The Canadian Federal Government provided some details about the new Canada Emergency Commercial Rent Assistance program (CECRA) for small businesses and commercial landlords. The CECRA was announced on April 16, 2020 to provide relief for small business tenants and, in some respect, landlords. Under the CECRA, the Federal Government will offer …

UPDATE – SBA Adds Guidance Regarding Necessity Certification Under the Paycheck Protection Program

On April 23, 2020, the Small Business Administration (“SBA”) issued additional guidance (in an update to its previously published FAQs, a current version of which can be found here) regarding whether businesses owned by large companies qualify for a Paycheck Protection Program (“PPP”) loan under Section 1102 of the Coronavirus Aid, Relief, and Economic Security Act …

New Deadlines for Retirement Plans, Tax Filings and Paid Leave Policies

The Coronavirus Aid, Relief and Economic Security Act (“CARES”), and IRS and Department of Labor (“DOL”) rules establish new and revised deadlines for retirement plans and other benefit programs.  The following is an outline of key dates: Item Date Paid Leave  Effective date for paid sick and childcare leave under Families First Coronavirus Relief Act …

Relief for Partnerships

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) offers tax relief which may be beneficial to entities taxed as partnerships. These provisions include (i) retroactive relief for entities taxed as partnerships by temporarily increasing the interest deduction limitation from 30% to 50% of adjusted taxable income, and (ii) clarifying that “qualifying investment property” …