From the Pinnacle CPA Advisory Group, a KM&M CPAs affiliate —
This checklist was prepared for our clients and friends as a quick way to identify eligible programs. Please contact us for the details. Many of the details are not available yet from the government. This is not meant to be an all-inclusive summary of the extensive programs.
Delays in Filing and Paying
Federal tax payments and returns due 4/15/20 are delayed until 7/15/20
For individuals, trusts, estates, partnerships, associations, companies and corporations
Automatically postpones all 4/15/20 filings without a limit on amount
Includes 1st and 2nd quarter 2020 federal estimates
Penalties and interest are waived for this 90 day period
Includes individual, trust, gift tax, and C corporation returns that were due 4/15/20 – 7/15/20
Payments for IRA’s, HSA’s, MSA’s are also delayed until 7/15/20
2016 claim for refund (statute of limitation issues) is not delayed
Most states will follow suit for a delay in payment and filing
Direct Payments (Rebates) to Individuals
Individuals with adjusted gross income (AGI) ≤ $75,000 receive $1,200
Married couples with AGI ≤ $150,000 receive $2,400
Head of households with AGI ≤ $112,500 receive $1,200
Parents with children under age 17 receive $500 / child
Phase-outs occur for individuals from $75,001 – $99,000 (head of household from $112,501 – $136,500)
Phase-outs occur for married couples from $150,001 – $198,000
Rebate is reduced by $5 for each $100 that exceeds the above AGI
Income is based on 2018 return unless 2019 return is filed
Money is now being sent (up to 12/31/19) by direct deposit if that info is available or by check otherwise
Rebate is not subject to tax
Receive even if you don’t file a return as long as you have a SSN and are not claimed by someone else
Get My Payment – IRS website tool for payment status information and entering direct deposit information
Reconciliation on 2020 return (Keep if you got too much and claim a credit if you got too little based on 2020 income)
Expanded Unemployment Benefits
Extra $600 / week through 7/31/2020 (in addition to state benefit). A presidential executive order lowered and extended to $400 / week from 8/1/2020 – 12/6/20 paid 75% federal and 25% state
Maximum of 39 weeks for combined federal and state assistance
Self-employed and independent contractors would be eligible
Retirement Account Withdrawals
Required minimum distributions (RMD) for 2020 can be waived (even inherited IRA’s )
10% penalty is waived on up to $100,000 distributions (must be used for Corona related purposes)
Started 1/1/20
Can be repaid within 3 years or are taxed over 3 years (can elect out of 3 year spread)
Student Loans Held by the Dept. of Education:
All payments can be suspended through 9/30/20. Extended by Presidential order until the end of crisis
0% interest will accrue
Federally Backed Mortgage Loans such as FNMA and FHLMC
180 day forbearance can be requested by the borrower
No fees, penalties or interest beyond contractual amounts will be added
Above-the-Line Charitable Deduction
Maximum $300 during 2020
Permitted even if you don’t itemize
Donations to a donor-advised fund don’t count
Qualified Family Leave
Employees unable to work or telework who leave for care of a child under age 18 (school or childcare is closed)
Wages paid 4/1/20 to 12/31/20
Employed at least 30 days
First 10 days may be unpaid but employee can use vacation, personal, medical or sick leave benefits
After 10 days, paid leave is required (2/3 of normal gross pay not to exceed $200 / day)
The aggregate maximum is 10 weeks and $10,000
Qualified Sick Leave
Unable to work or telework for specific virus-related reasons
Subject to quarantine, isolation order, advised by health provider to self-quarantine, and experiencing symptoms
80 hours of paid sick time to full-time employees
Part-time employees based on average hours worked over a 2-week period
No limit for length of service
Regular rate up to a maximum of 10 days at $511 / day not to exceed $5,110 / employee to take care of self
Regular rate up to a maximum of 10 days at $200 / day not to exceed $2,000 to take care of someone else
Qualified Family or Sick Leave General Rules
Small business (< 50 employees) exemptions are coming
Increased by portion of qualified health plan expenses
Increased by 1.45% Medicare tax
Not subject to 6.2% SS tax
Refundable tax credit if it exceeds the credit on employer’s payroll tax
Comparable credits are offered to self-employed individuals (net earnings divided by 260 days)
Small Business (generally < 500 employees) Loans (Paycheck Protection Program)($649 Billion)
Covers employee and owner payroll costs
Administered by banks who are certified SBA Lenders (guaranteed 100% by SBA)
Eligible if in operation on 2/15/20
Sole proprietors and independent contractors (self-employed) are eligible and use net Income from self-employment
Qualified expenditures include payroll, group health care, mortgage interest, rent, utilities, interest on existing debt
Payroll costs include salary, commission, tips, health care insurance, and state unemployment
Employees have qualifying costs up to $100K with an 8 week max of $15,385 and a 24 week max of $46,154
Owners have qualifying costs up to $100K with an 8 week of $15,385 and a 24 week max of $20,833
Those having a principal residence outside the US do not qualify
Utilities include electric, gas, water, transportation, phone, and internet
8/8/20 is last day to apply or receive a loan but it is first come first serve…move quick!!!
Loan is 2.5 * monthly payroll costs (2019) (special seasonal and industry rules) up to $10 million
Interest at 1% loan
Loans issued before 6/5/20 have a 2 year maturity and loans issued starting 6/5/20 have a 5 year maturity
Payments will be deferred for a minimum of 6 months from date of loan disbursement
No collateral, personal guarantees or recourse to owners
Funds should be used during the covered period in the 8 or 24 weeks after loan origination (loan can be forgiven in whole or part)
Loan principal is forgiven for proceeds used over an 8 or 24 week period for qualified costs listed above
The 8 or 24 week period begins on the date of the loan origination
Expected forgiveness is the amount lender expects borrower to expend
At least 60% of the loan must be used for payroll costs to have full forgiveness
Amount forgiven is reduced if FTE headcount or salaries decrease (↓ >25% during covered period compared to 1/1/20 – 3/31/20)
Start gathering monthly payroll (W-2’s and 941’s) and self-employed information (Sch. C and bank statements) for 2019
Applicant must submit SBA Form 2483 to the bank and whatever forms the bank requires (varies by bank)
Applicant may be able to use shortened SBA Form 3508 EZ (check this first!)
Deductions for tax exempt PPP loan is not deductible (per IRS notice) (Congress is talking about making this exempt)
SBA Economic Injury Disaster Loans (EIDL) (< 500 employees)
Emergency advance (grant) up to $10,000 within 3 days of applying (have not seen any of these after weeks)
Up to $2M in loans (amounts over $10,000 are loans at 3.75% for up to 30 years) (Non-profits get 2.75%)
Must have been in business as of 1/31/20
Loans available from 1/31/20 – 12/31/20
Includes sole proprietors with and without employees
Can still do the paycheck protection program above but the $10,000 will be applied against the loan
Employee Retention Credit
For employers whose operations were fully or partially suspended as a result of a government order; or
For employers who had a significant decline in gross receipts (declined by > 50% from same quarter in prior year)
Employers with ≤ 100 employees, all wages are eligible (limits if >100)
Refundable payroll tax credit of 50% of wages (new IRS Form 7200)
Up to $10,000 / employee / quarter
Cannot use this credit and the small business loan above
Relates to wages paid 3/13/20 – 12/31/20
Payroll Tax Payment Delay
Employers and self-employed
6.2% matching money
3/27/20 – 12/31/20
Pay ½ by 12/31/21 and ½ by 12/31/22
Employer Payments of Student Loans
Tax free to the employee with a maximum of $5,250
Paid by employer for employee
3/27/20 – 1/1/21
Net Operating Loss Expansion:
NOL’s generated in 2018, 2019 or 2020 can be carried back 5 years
The 80% limit on NOL’s is suspended to fully offset income
Business Interest Deduction
Business interest deduction was increased from 30% of taxable income to 50% of taxable income
Qualified Improvement Property Technical Correction
100% bonus depreciation is permitted on interior improvements for non-residential property
Retroactive for improvements after 9/27/17 filed on Form 3115 Change in Accounting
Loans to Certain Industries (the Big Winners)
Air and cargo carriers
Businesses critical to national security
Hospitals & COVID care providers
Many government branches
Education
Ohio Considerations
Ohio and most Ohio cities have delayed filing and payment date to 7/15/20
Ohio Dept. of Insurance – employees with reduced hours still can have group coverage, health insurance payments can be delayed for 60 days, COBRA and continuation rules are loosened for now
Ohio unemployment pays 50% of average weekly wage with a $118 minimum / week and a $424 maximum / week for 26 weeks
Other Considerations
Business interruption insurance – hard to prove claim
Business liability insurance – are you exposing employees or clients to the virus
Workers compensation – probably not but health care workers maybe
Off premise insurance – have you thought about property being kept offsite now
Employee rights must be posted by 4/1/20
Proactively call lenders and work out payment arrangements
Stay safe!!!
LINKS TO SOME HELPFUL REFERENCES:
Coronavirus Aid Relief and Economic Security Act (CARES Act) (3/27/20)
Families First Coronavirus Response Act (3/18/20)
SBA emergency $10K advance for EIDL
SBA Paycheck Protection Program
IRS Notice 2020-32 – Deductibility of PPP expenses
___ SBA Interim Final Rules Filed 6/16/20
KLESHINSKI MORRISON & MORRIS, LLP
Certified Public Accountants