Category Archives: Education

Year-End Reminders For Chicago Businesses

Chicago businesses have a few extra items to make sure are in order before year-end.

In a year of unbelievable stress, overwhelming work, and terrifying outlooks, we can rest easy that our city has small businesses in mind — by making sure we continue to meet all the obligations that were put in place before the pandemic, without any exceptions. Yay!

To be fair, the Chicago Department of Business Affairs & Consumer Protection (BACP) was designed to “license businesses and public vehicles, provide business education and access to resources, enforce the Municipal Code, and protect consumers from fraud,” and none of those things magically stops just because we’re all struggling to stay alive (figuratively and literally).

With that in mind, here are some things you’ll need to make sure get taken care of before ringing in the new year.

  1. Illinois Department of Human Rights Sexual Harassment Training
    For the record, this one is state-mandated, not just city-wide. The Illinois Workplace Transparency Act requires all employers to comply with the sexual harassment prevention training by December 31, 2020, and thereafter must provide annual training to all employees.
    As of July 1, 2020, the Illinois Human Rights Act defines “employers” as those having one or more employees (replacing the prior threshold of 15 or more employees in Illinois for most types of discrimination). This means that every employer in Illinois must comply with this sexual harassment training requirement, for all employees working in Illinois, regardless of their status as part-time, intern, or temporary. There is no requirement to train independent contractors, though it is recommended.

    The Illinois Department of Human Rights provides the training for free (registration ends 24-hours before each class), or there are numerous commercial training options (as low as $25). They have an FAQ here, as well as details on minimum training for all employers, versus more comprehensive training for bars and restaurants.

  2. Chicago Minimum Wage
    Back in 2014, the city implemented a gradual increase of the minimum wage. It applies to any employee who works at least two hours in any two-week period. As of July 1, 2020 the minimum wage in Chicago is $13.50 per hour for employers with 4 to 20 workers, and $14 per hour for employers with 21 or more workers. Tipped workers have a minimum wage of $8.10 for employers with 4 to 20 workers, and $8.40 for employers with 21 or more workers. If a tipped worker’s wages plus tips do not equal at least the full minimum wage, the employer must make up the difference. The FAQ is here. BACP also offers a one-hour-long free webinar on the ordinance.

  3. Chicago Paid Sick Leave
    This ordinance went into effect on July 1, 2017, and was so poorly-written that folks are still confused. It applies to any business or individual that employs at least one “employee” and has a facility within Chicago’s city limits (though Cook County followed suit a few months later and has a similar requirement). The term “employee” covers anyone who works at least 80 hours within a 120-day period (20 hours a month).
    – For hourly employees, paid sick leave accrues at one-hour for every 40 hours worked. Salaried-exempt employees are presumed to have worked 40 hours/week.
    – Employees are capped at accruing a total of 40 hours of sick leave each year, unless the employer opts to set a higher limit.
    – Employers must permit employees to carry over half of their accrued leave, to a maximum of 20 hours of unused sick leave each year (40 for employers with 50 or more employees).
    – Employers are not required to pay out any accrued but unused sick leave upon employment termination.

    What we’ve generally seen — given the stringent requirements and the way hours accrue — is that many employers with existing PTO policies have to get substantive revisions, as they often do not follow the same rules (even though they are often more generous). Failure to comply is costly, so we recommend having an HR professional experienced with the Chicago rules review your policy.

    BACP offers a one-hour-long free webinar on the ordinance.

If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

New Relief Package Passes Congress

I will be spending the afternoon in webinars learning the details of the recent financial relief package that will become law soon, including “PPP2”, and will share what I learn in a post here later today. In the meantime, the National Association of Tax Professionals has prepared a summary for its members — it’s the clearest, most succinct explanation of “what you need to know” that I’ve read in the past two days. Many thanks to them for allowing us to pass along this info to clients.

Both houses of Congress voted to pass the latest COVID relief legislation and all indications are that the president will sign it into law. We know that more guidance will be provided as this rolls out, but here are the highlights as we know them:

PPP and small business support: New COVID-19 relief package provides much needed support for small businesses. Business expenses paid for with the proceeds of PPP loans are tax deductible, consistent with Congressional intent in the CARES Act. In addition, the loan forgiveness process is simplified for borrowers with PPP loans of $150,000 or less. Unspent funds totaling $138 billion will be reinvested in the PPP program.

Economic impact payments (EIP): The bill includes a second round of EIPs for qualifying Americans.

The IRS will use the data it already has in its system to begin making payments at the end of December through the first two weeks of January. If the IRS has your direct deposit information, you will receive a payment that way. If it does not, you will receive your payment as a check or debit card in the mail. If you are eligible but don’t receive your check for any reason, you can claim the payment when you file your 2020 taxes in the spring of 2021.

In regards to eligibility, any person who has a valid work-eligible Social Security number (SSN), is not considered as a dependent of someone else and whose adjusted gross income (AGI) does not exceed certain thresholds (see below) is eligible to receive the credit. This means workers, those receiving veterans’ benefits, Social Security beneficiaries and others are all eligible.

  • Spouses of military members are eligible without an SSN
  • An adopted child can use an Adoption Tax Identification Number to be eligible

Under the CARES Act, joint returns of couples where only one member of the couple had an SSN were ineligible for a rebate. This latest round of relief changes that provision. These families will now be eligible to receive payments for the members of the family who have SSNs. This change is retroactive, meaning those who fall under this category who missed out on the first round of EIPs can claim that money when filing 2020 tax returns in the spring of 2021.

The full credit amount is $600 per individual, $1,200 per couple and $600 for children. It is available for individuals with AGI at or below $75,000 ($112,500 for heads of household), and couples with AGI at or below $150,000. If you have children, you will receive an additional $600 per child.

For those above this income level, your tax rebate amount will be reduced by $5 for each $100 your AGI exceeds the above thresholds.

This means:

  • An individual without children will not receive any rebate if their AGI exceeds $87,000.
  • A couple without children will not receive any rebate if their AGI exceeds $174,000.
  • A family of four will not receive any rebate if their AGI exceeds $198,000.

The IRS will use the same methodology for calculating payments as it did for the first round of economic impact payments.

Unless obtained by fraud, rebate checks do not need to be repaid. If an individual experienced an income loss in 2020, or if they have an increase in family size, they may be able to claim an additional credit of the difference when the individual files their 2020 tax federal income tax return in spring of 2021.

If you are eligible and the IRS does not have your direct deposit information, you will receive your payment as a paper check or a debit card as long as the IRS has your address. If the IRS does not have updated contact information for you, you can claim the payment when you file a tax return in spring 2021.

Someone who is claimed as a dependent on another taxpayer’s tax return is not eligible to receive the $600 refund check themselves. Children 17 and older are not eligible for the $600 per child tax credit.

For those with taxable income, you will need to file a tax return for the 2020 tax year, which you can do during the coming filing season that is expected to begin in late January and end on April 15, 2021. Those with little or no taxable income are encouraged to use the IRS’ free file program.

Other than Social Security beneficiaries (retirement and disability), railroad retirees and those receiving veterans’ benefits, individuals with no taxable income will be able to file a simple form provided by the IRS specifically for the purpose of receiving the rebate check.

Social Security retirement and disability beneficiaries, railroad retirees and those receiving veterans’ benefits do not need to file to receive their rebate. The IRS has worked directly with the Social Security Administration, Railroad Retirement Board and the Veterans Administration to obtain information needed to send out the rebate checks the same way benefits are paid.

The credit is not taxable, consistent with other refundable tax credits.

The rebate is considered a tax refund and is not counted towards eligibility for federal programs for both income and asset test purposes. The rebate checks are not subject to the majority of offsets, including student debt and state debts. The only administrative offset that will be enforced applies to those who are subject to a child support garnishment court order.

A family with a child born in 2020 is eligible for the $600 per child rebate amount (assuming all other requirements are satisfied). The IRS will calculate the payment based on the most recent tax data in its system. If a child was born since the family’s last filing, the family will not automatically receive the $600 rebate amount for the child born in 2020. To receive the credit the family can claim the $600 credit on their 2020 tax return filing made in spring 2021.

If you believe you are eligible for an economic impact payment but did not receive a round one or round two payment, you will have the opportunity to claim the payment on your 2020 tax return. This year’s tax forms will provide a place for individuals to claim the payments. If you don’t normally file taxes and are eligible for a payment, make sure to file a return this spring to claim the payments.

The IRS has not announced the exact date the coming filing season will begin, but it typically begins near the end of January. If you need to update your information by filing your tax return, keep an eye out for an IRS announcement about the start of the filing season.

Individuals can claim the payment by filing a simple tax return when the tax filing season opens in late January 2021.

Unemployment assistance: For those who are unemployed, the pandemic unemployment insurance program will be extended by 16 weeks. Supplemental federal unemployment benefits of $300 per week will continue into April 2021 instead of ending in December.

Rental assistance: The current CDC eviction moratorium will be extended until Jan. 31, 2021.

Student loans: Extension of student loan forbearance provisions created in CARES and extended by executive order, from the current expiration date of Jan. 31, 2021 through April 1, 2021.


If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

PPP2 Is Almost Here — Be Ready Or Risk Missing Out

For the past few weeks, we’ve been hearing in the news that Congress is coming closer to an agreement on another round of stimulus. It will be a more narrowly-targeted package than prior relief, but it will contain (at least the draft does) funding for the most important items: vaccine distribution; unemployment extension & federal supplement; stimulus checks; emergency food, rent & loan assistance; PPP loan forgiveness simplification; and our main topic here: another chance at PPP funding.

At this week’s AICPA Town Hall (free recording here), Lisa Simpson and Mark Peterson walked us through what is included in the current round of proposed legislation, and what it would mean for the next PPP program (popularly dubbed “PPP2”). They have encouraged us to share their slides and other resources.

Some of the notable elements are that 501(c)(6) organizations — including Chambers of Commerce — will be eligible for PPP this time, providing their lobbying efforts don’t exceed a certain threshold (10% as of now but that could change); and hospitality-industry chains will yet again be allowed to each apply for PPP as if they were independent hotels and restaurants (surprising after the negative press from the first round, but they have a loud voice in politics). Thankfully, the IRS and Congressional representatives are working together to include a provision for expenses paid for with PPP funds to be deductible — the current biggest obstacle for small businesses who receive(d) aid.

In addition, Lisa went through what we know so far about how the new PPP program will be structured and what eligibility requirements might look like. Keep in mind that this is all in draft at this point.

The idea is that if the gross revenues for any quarter in 2020 are down 30% or more over the same quarter in 2019, the business would be eligible for a second application for PPP funds, as long as they have 300 or fewer employees (per location, if in the hospitality industry). EIDL and PPP funds would not be included in this calculation, but no word yet on whether other aid, such as state, local or industry grants, would.

You do not have to apply for forgiveness for PPP1 before applying for PPP2 — in fact, we are still recommending that you hold off on your forgiveness application until Congress passes forgiveness simplification and tax deductibility of related expenses.

Nothing has been finalized yet and we don’t know all the details. But the AICPA has been meeting with politicians on both sides of the aisle and says that something is certainly going to be passed — it’s just a question of when, not if — and what the exact details will be.

It’s likely we’ll have news soon, and as such, it’s important that small business owners begin anticipating their next decision here, since time will likely be a factor — there is less capital in PPP2 than there was in the first round (which was exhausted in 6 days), so being prepared is key.

With that in mind — tips to consider if you might want to pursue additional PPP funding:

1) Have your books up-to-date and reconciled so you and your accountant can begin preparing your application the second the legislation drops.
2) There will be an eligibility hurdle for second-time PPP applicants. You will need to prove a 30% (as of now) drop in revenue — not profit, but gross revenue — in any quarter of 2020 compared to the same quarter in 2019. (If you didn’t get PPP funds in the first round and you want to this time, this rule does not apply.) The first round of PPP/EIDL does not count toward income for this purpose. No word yet on whether other grants may. Otherwise the calculations will be the same as in the first round.
3) I’m asking my interested clients to reach out to me to get their file set up in my CPA Business Funding Portal now, before legislation is passed, so we can just hit “submit” when the program opens, to try to get them in the first tranche of applicants.

(Note to other CPAs and accounting colleagues: this time around I am using AICPA-developed PPP application and forgiveness software, CPALoanPortal.com, so as to make the process for getting client funding less haphazard, more reliable, and more efficient. It’s free at the basic level, which allows you to apply for funding and forgiveness all in one portal, with a client dashboard. I’ve decided to pay to upgrade so I can use the payroll company reporting and AICPA FTE-calculator integrations. Their partner, Biz2Credit, was directly approved by SBA to lend money to small businesses; it’s not a third-party (like so many of the services we used first-time around who brokered loans as a middle-man). Looking forward to same-day PPP2 loan approvals, and disbursements within days. No I am not paid a cent to say any of this.)

Sincerely hoping the process goes more smoothly this time than it did in April!


If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

New 1099-NEC Form For Independent Contractors

The IRS’s new 1099-NEC Form

The IRS has released — or technically, re-released — a new form for Non-Employee Compensation called the 1099-NEC for use starting early 2021 for Tax Year 2020.

It’s actually an old form that hasn’t been in use since 1982 that was redesigned — originally it was for reporting fees, commissions and other compensation, but in 1983 it was retired and we’ve been reporting these types of income on Form 1099-MISC ever since.

Moving forward, instead of using 1099-MISC Box 7 to report Non-Employee Compensation, we’ll all use 1099-NEC Box 1. Box 4 is to report any federal withholding in relation to the compensation. Boxes 5, 6, and 7 are for reporting state tax withheld, state ID numbers, and state income, respectively. IRS instructions can be found on their website.

To clarify: the requirements for reporting nonemployee compensation have not changed — only the form on which it is reported.

Forms 1099-NEC must be filed with the IRS by January 31 of the year following the calendar year to which the return relates. For tax year 2020, the deadline is February 1, 2021, since January 31 falls on a Sunday. The deadline applies whether filing the form electronically or on paper. Unfortunately, unlike Form 1099-MISC, the IRS will not forward data to states for Form 1099-NEC, so processes for filing these will be determined by each state.

Items such as rent payments, royalties, attorney settlements (not payments for services), and medical healthcare payments will still be reported on Form 1099-MISC, though the form has been redesigned and the boxes renumbered. For tax year 2020, the deadline for filing 1099-MISC is February 28, 2021 if filing on paper, and March 31, 2021 if filing electronically.

I recommend this interesting article for background on why the change is being made, and more information on the specifics of filing 1099-NEC can be found in this excellent summary.


If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

Update: Illinois Business Interruption Grants – It’s Not Too Late To Apply

BIG Application Page
BIG Application Page

The Business Interruption Grant (BIG), a program available through the Illinois Department of Commerce and Economic Opportunity (IDCEO), continues to actively seek applicants, in order to effectively disburse the full amount awarded to the state program. It leverages federal funding provided by the CARES Act to provide economic relief for small businesses hit hardest by COVID-19. The state received $540 million for BIG from the federal Coronavirus Aid, Relief & Economic Security Act, of which $270 million was earmarked for small businesses, according to Lauren Huffman, a spokeswoman for the Illinois Department of Commerce & Economic Opportunity. Applications are live now.

The first round of BIGs provided $49 million to businesses such as restaurants, personal care services, gyms and fitness clubs, and businesses located in “Disproportionately Impacted Areas” (DIAs). A list of awardees is available here.

The second round of BIGs will provide $220 million to “businesses downstate, in disproportionately impacted areas (DIAs), and for heavily impacted industry and regions – representing businesses that have been unable to reopen or operating at a severely diminished capacity since the spring.” A discussion of the program, outlining the various types of prioritized and eligible businesses, as well as eligible costs, is in an earlier blog post, here.

To summarize, Round 2 includes:
– $60 million for heavily impacted industries, such as movie theaters, performing arts & concert venues, indoor recreation, amusement parks.*
– $70 million for disproportionately impacted areas, defined by zip code for communities that are most economically distressed and vulnerable to COVID-19. 
– More than $100 million for downstate communities.
– $5 million for livestock production disruptions. (Applications available from the Illinois Department of Agriculture.)
– Loan Forgiveness for Illinois small business emergency loan recipients.

*In addition to the $60 million for heavily impacted industries, the following types of businesses are being prioritized:

  • Businesses directly affected by regional mitigations implemented by state or local governments.
  • Independently owned retail.
  • Tourism- and hospitality-related industries.

(Businesses outside the categories listed above are also eligible to apply and receive funding under the program but may be reviewed later than priority businesses. Assistance with applications is available at no cost.)

A list of awardees for Round 2 (those granted so far, on a rolling award basis), is here.

However, as I started to see media coverage touting the benefits to independent retail, and promoting the program, trying to drum up applications, I began to be concerned for my own clients — many of them have received grants, to be sure, for which we are immensely thankful — but they were all in the hospitality industry, or in a DIA. To-date, not a single retail client has received any BIG funds. And since the program says that all businesses will receive a decision on their grant application within four to six weeks of application submission, I was frustrated to see that many of my clients had not heard anything, and yet new articles such as this were frequently coming my way, where my own state rep, Will Guzzardi, was saying the program did not have enough applicants. (Block Club was reporting the same story.) I reached out to colleagues in accounting, bookkeeping, law, and to chambers of commerce and heard the same story — small retailers were not receiving Business Interruption Grants.

So I contacted Rep. Guzzardi to find out what the story was, and he was, as usual, interested in the discrepancy between what he had been told and the actual experiences of small business owners. He took my questions to the state and came back with some solid explanations and more encouragement.

For starters, the state is reviewing applications in three categories: DIAs, downstate Illinois applicants, and disproportionately impacted industries — restaurants, bars, venues, etc. If an application doesn’t fall into one of those categories, it’s probably being moved further down the queue. But that doesn’t mean anything about their likelihood of getting a grant. It just means that they’ll be reviewed later in the process.

They evaluate every application first on the basis of whether or not they meet the basic eligibility criteria, and then based on how many of these criteria they meet:

  • Directly impacted by regional mitigation to prevent the spread of COVID 19, based on applicant industry and county
  • Has not received any other emergency funding, e.g. in the form of PPP or other state or local grants
  • Has under $5 million in annual revenue
  • Located in a disproportionately impacted area (DIA)
  • Located in a “downstate” county
  • Operate in a priority industry, including the following: ○ Independently-Owned Retail ○ Restaurant ○ Bar or Tavern ○ Gym or Fitness Center ○ Tourism and Travel ○ Support Service of Arts or Events

Then they conduct separate lotteries based on how many of those criteria you met. So if you meet 6/6, you’re in a lottery group with very good odds. If you only meet one or two, your lottery is less likely.
If you don’t win your lottery, your application is held over into the next lottery batch.

BIG Round 1 didn’t go to retailers at all. In Round 2, retail is in a pretty large pool with bars, restaurants, gyms, museums, etc., and so they’re just facing slightly longer odds, especially if they’re not in a DIA or downstate.

The message to retail folks is: if you applied, your application is still in the lottery — just because it hasn’t come up doesn’t mean it won’t. I expect the state is just trying to make sure those who are hardest hit have the best chance at the grants, and then they’ll turn their attention to independently-owned retail and the other eligible business types.

It is not too late to apply!

Join the Illinois Department of Commerce & Economic Opportunity (DCEO) for an informational webinar regarding the Business Interruption Grant (BIG). Attendees will learn about eligibility criteria, required documentation and step-by-step instructions for the online application. DCEO representatives will be available to answer your questions and all attendees will receive a copy of the presentation materials with direct links to the BIG program portal, FAQs and contact information for DCEO representatives who are available for 1-to-1 technical assistance, if needed.

Wednesday, December 2 at 10am
Event address for attendees: https://illinois.webex.com/illinois/onstage/g.php?MTID=e84aa07e4dc9ede92fa8a13fa268fa538

Friday, December 4 at 9am
Event address for attendees: https://illinois.webex.com/illinois/onstage/g.php?MTID=eb884f11ff20cb4fcc9394b7081fe49fd

Thursday, December 10 at 2pm
Event address for attendees: https://illinois.webex.com/illinois/onstage/g.php?MTID=eb0276e6285a6954875c46d7da4555053

And I know I’ve shared this link countless times by now, but honestly, it is an amazing source of information on applications, evaluation criteria, assistance, eligible costs, and so much more.

For the clients who have received this grant, it has been a lifeline. It’s much more flexible than the PPP, it’s a grant rather than a loan like the EIDL, and it’s built for small business. The application is not a particularly challenging one. If you are a small business struggling due to the pandemic, you owe to to yourself to give this one a try.


If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.

PPP Update: IRS Doubles Down — What Does It Mean For Your Taxes?

In an effort to push Congress into action, the IRS reiterated its stance on the PPP last week.

Late last week, the IRS and Treasury issued both a revenue ruling and a revenue procedure, doubling down on their stance that since businesses aren’t taxed on the proceeds of a forgiven PPP loan, the expenses aren’t deductible.

This isn’t new news, of course. The IRS is bound to statute on this one and doesn’t have any wiggle room — only Congress can legislate on the topic of what is taxable and deductible, whereas the IRS only has administrative oversight in this arena. They made it clear very early in the game — April 30th, in fact — that they had no intention of accepting deductions for expenses that were paid for with PPP funds.

But in the ensuing months, Congress — despite broad bipartisan support for a measure to render these costs deductible — has been stuck in gridlock and failed to pass legislation making it so. This recent action on the part of the IRS seems designed to signal Congress that only by their action will the original intent of the CARES Act be realized.

However, the IRS took this particular set of guidance one unfortunate step further, at least as far as my clients are concerned.

“If a business reasonably believes that a PPP loan will be forgiven in the future, expenses related to the loan are not deductible, whether the business has filed for forgiveness or not.”

Now, I have been attending the AICPA Town Halls since nearly the beginning of the pandemic, and they are still strongly recommending that no one apply for forgiveness before year-end unless:
1) they need to sell their business;
2) loan covenants are at risk; or,
3) they need to reduce FTEs after meeting a date-driven safe harbor.

Part of the reason for this suggested delay is the aforementioned statutory requirement that prohibits the IRS from permitting any deductions for expenses paid for with non-taxable income. (Also: likeliness of legislation authorizing automatic forgiveness under a certain threshold; and the need for further guidance in many areas that remain unanswered.)

The idea was that if forgiveness was not granted in 2020, then the deductions could be made as usual on tax returns filed in the first-half of 2021. When forgiveness was eventually granted on these PPP loans, one of two things would have happened:
1) Congress would since have acted to protect the deductions and therefore PPP funds could be accepted into non-taxable income; or,
2) Congress would not have acted, in which case the PPP income would effectively be made taxable in 2021.

For the record, it wasn’t just me making this assumption. The entire American Institute of Certified Public Accountants thought the same thing (and in fact are now asking their members to contact elected officials to push for it). As did my most revered and favorite tax writer, Tony Nitti, who spent an entire article describing how wrong he was.

To me, whether the expenses paid with PPP proceeds were deductible hinged on whether forgiveness was obtained; as a result, I strongly maintained that those expenses did NOT become nondeductible until that “condition subsequent” occurred. As a result, if a business were filing its 2020 tax return before word on its forgiveness application had come down from the SBA, the expenses would be fully deductible. After all, we have a little something called the “tax benefit” rule, which allows a taxpayer a full deduction if at the time of filing the return, no event has occurred to render the amount nondeductible. Then, if a future event occurs that is fundamentally inconsistent with the premise on which the previous deduction was based (for example, an unforeseen refund of deducted expenses, or in this case, the forgiveness of a loan), the taxpayer must take the deducted amount into income. Applying the principles of Section 111 to PPP loans, the taxpayer would be entitled to a full deduction in 2020, with a potential income pick-up in 2021 when the loan was forgiven.

But with this recent IRS guidance, as Tony points out — he was wrong (again).

According to the Ruling, it matters not whether the application for forgiveness has been filed by the time the tax return is ready to go; rather, what matters is that the taxpayer apparently knows, in their heart of hearts, that the loan will ultimately be forgiven. After all, as the Ruling explains, “Section 1106(b), (d), and (g) of the CARES Act, and the supporting loan forgiveness application procedures published by the SBA, provide covered loan recipients… with clear and readily accessible guidance to apply for and receive covered loan forgiveness,” a sentence which I would have found laughable had the lies contained within it not ruined the past six months of my life.

I won’t get into the details of what it means to “reasonably expect” forgiveness, or determine partial forgiveness, or whether or not the new safe harbor applies if you “reasonably expect” wrong. (I’ll let Alan Gassman, another fan of Tony’s, dive into those weeds.) But as a short summary:
1) You can deduct expenses on your 2020 return if you find out before the return is filed that the PPP loan didn’t get forgiven or if you decide not to apply for forgiveness;
2) If you guessed wrong about the amount of forgiveness (and therefore deductions), you can either a) amend the 2020 return to adjust the disallowance, or b) deduct the improperly disallowed expenses for 2020 in the year forgiveness is determined.

Somehow, with not only a revenue procedure but also a revenue ruling, the IRS managed not to address two big issues that their rulings raise:
1) How should a Schedule C filer handle the deduction question? For a self-employed person, it’s not the expenses that determine forgiveness, but rather a calculation based on their 2019 income.
2) Which deductions will be limited, and in what order (payroll, rent, mortgage interest, utilities)? This has serious ramifications for the §199A Qualified Business Income deduction, Research & Development credits, and the §163(j) Interest Deduction limitation.

But I am not even going to touch on those two issues. Why? Because I truly believe the IRS made this announcement to rile up Congress members into finally taking action. It might have worked.

As reported in Accounting Today:

The leaders of the Senate Finance Committee, chairman Chuck Grassley, R-Iowa, who is now battling a coronavirus infection, and ranking member Ron Wyden, D-Oregon, blasted the guidance issued by the Treasury. “Since the CARES Act, we’ve stressed that our intent was for small businesses receiving Paycheck Protection Program loans to receive the benefit of their deductions for ordinary and necessary business expenses,” they said in a joint statement Thursday. “We explicitly included language in the CARES Act to ensure that PPP loan recipients whose loans are forgiven are not required to treat the loan proceeds as taxable income. As we’ve stated previously, Treasury’s approach in Notice 2020-32 effectively renders that provision meaningless. Regrettably, Treasury has now doubled down on its position in new guidance that increases the tax burden on small businesses by accelerating their tax liability, all at a time when many businesses continue to struggle and some are again beginning to close. Small businesses need help maintaining their cash flow, not more strains on it.”

Grassley and Wyden said they would continue their efforts to clarify in any end-of-year legislation the intended relief in the CARES Act to help small businesses at this critical time. “We encourage Treasury to reconsider its position on the deductibility of these expenses, and the timing of those deductions, to provide relief to the small businesses that need it most,” they added.

In the meantime… as an accountant, what do you tell your clients? As a small business owner, what do you do?

Well, if I’m right, and Congress is duly riled, then hopefully we’ll finally see some movement here, preferably before the end of the year, but (dear lord please) at least before tax season. At which point — poof — it becomes a non-issue (with the exception of the countless hours I and others have spent worrying and writing about it).

And if not?

I’ll share the recommendations of one of the most worthwhile practitioner-guests the AICPA has had on their Town Hall yet, Bill Pirolli (Partner, DiSanto Priest & Co.):

Tax Filing Approaches for Consideration
1) Wait and see
Use extensions until additional guidance or legislation is available
• Pass-through entities don’t need to be concerned until March/April 2021 deadlines
2) File return and pay taxes
• Assumes expenses paid with PPP funds will not be tax deductible
• If this changes, the borrower can file an amended return
3) File return and deduct expenses**
• Contrary to current guidance (but in the spirit of the PPP legislation)

**(CPA Academy is offering a course on how to launch a challenge to the IRS on this topic — and penalty-proof it — this Wed 11/25 and Mon 11/30.)

For what it’s worth, Bill describes himself as a “wait and see” kind of guy.
(I strongly suggest watching Bill’s participation in the most recent AICPA Town Hall — from 32:00 through 52:40. His logical process, description of history and legislative intent, and arguments are thought-provoking.)

I’ve already spoken with my tax partner, and our plan is to put all partnership and corporate clients on extension to avoid the unnecessary cost of approach #2 and the unnecessary risk of approach #3. Haven’t yet decided how to handle Schedule C self-employed filers… but also hoping we won’t have to cross that bridge.

In the meantime, it’s business as usual, trying to close out books and prepare for 1099s… as if it were any other pandemic year-end.


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PPP Forgiveness Applications: When To Apply?

Slide from AICPA Town Hall October 22, 2020

In today’s AICPA Town Hall, they reviewed the reasons a business might decide to apply for PPP forgiveness now — even though we have been consistently recommending to loan recipients that they wait until there’s movement from Congress on an automatic or streamlined forgiveness program (and continue to do so).

Basically, unless you are:
1) selling your company; or,
2) potentially violating loan covenants because of the PPP being represented as a liability; or,
3) needing to lay off staff after meeting FTE reduction requirements;
…you should still hold off on applying for forgiveness.

However, if you are in one of the groups above, then consider the AICPA‘s list of “Factors impacting timing of forgiveness application”:
• Has the borrower spent the full amount of PPP funds?
• Is borrower trying to sell the business? See Oct. 2 SBA Procedural Notice
• Is the loan under/over the $150k dollar amount of potential threshold for simplified forgiveness in Congress? (New form for <$50K)
• Has tax planning around timing of deductibility of expenses paid with PPP funds been considered? See Aug. 20 discussion with Ed Karl (AICPA VP of Tax)
• Does the borrower need to make business operating decisions that may include FTE reductions? (See AICPA FAQ #10, below)
• Does borrower want to get PPP debt off the books? Are there loan covenants to consider?
• Is the lender even accepting applications?

It’s important to weigh all of these criteria before making the decision to apply for forgiveness.

And for reference, here’s AICPA FAQ #10:
If a borrower applies for forgiveness before the end of the covered period, how does the FTE reduction safe harbor work in operation?

The instructions for the Form 3508 forgiveness application indicate that the borrower includes the number of FTEs at the end of the covered period OR the date the application is submitted. The SBA has provided information to lenders as follows: “When a borrower submits the completed application and a lender has processed the borrower’s forgiveness application, the borrower is no longer bound to the FTE restrictions. The covered period ends when the borrower successfully applies for forgiveness.”

To summarize: we still recommend, as does the AICPA, that unless you fall into one of the groups above, you hold off on forgiveness applications for now. Work with your CPA to run the numbers to make sure you meet the requirements as they currently stand — knowing they might get easier, but protecting yourself if they don’t — but hold off on the actual application until Congress takes some action, which will be coming eventually… it’s a question of “if”, not “when”.


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PPP Loan Forgiveness for Co-ops – Webinar 10/22

PPP Loans and Forgiveness: A Cooperative Perspective: October 22 2020
https://nsacoop.org/webcast_details.php?id=288

My colleague Eric Krienert will be teaching a one-hour webinar on October 22 on the topic of the Paycheck Protection Program. This session will provide an overview from a cooperative perspective of loans and forgiveness under the PPP. Beginning with the economic necessity certification, to qualifying expenses, to the spending timeframe and FTE limitation — an explanation will be provided on restoring FTEs and wage limitation before looking at the loan forgiveness application process. The session will conclude with a review of tax and other considerations.

More information on the webinar, as well as registration details, can be found here. The session is free to NSAC members and $56 for non-members.


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SBA Announces Streamlined PPP Forgiveness for Loans Under $50K

Another late-night guidance drop from the SBA — this time, good news for PPP borrowers of $50,000 or less… and somehow managed without the Congressional action we’ve been waiting for that seems to have all but stalled out.

The SBA has released a new, streamlined forgiveness application for these borrowers (and has eased the burden on lenders as well) — but notably, the requirements are exactly the same as prior to this newest Interim Final Rule. It’s just the simplified application and reduced documentation that make it easier. This means that small business owners still have to meet all the forgiveness rules that were in place before this most recent development — and they must certify as such on the application.

So on the one had, it’s great news — on the other, I’m not sure how much this will help anyone… it’s essential to run the numbers and collect the documentation regardless, to confirm compliance, as well as for support should the forgiveness be audited or challenged.

This also is a far cry short of the “under $150,000” floor that has been introduced by numerous members of Congress. Maybe this is just a start, and it will be increased with a legislative act?

Regardless… because the calculations and documentation must be dealt with despite the shorter application (and kept for your permanent records), I still recommend using the free AICPA tool — PPPForgivenessTool.com — as it does an amazing job of taking care of much of the number-crunching behind the scenes, and turns out an application and supporting documentation pdf packet that should be just the thing for your files. It’s the best PPP calculation resource I’ve tested yet (and believe me, I’ve tested quite a few).

Given the slow pace of SBA forgiveness and the likelihood that there will be more relief coming from Congress after the election, the AICPA continues to recommend that borrowers hold off on applying for forgiveness for now — unless they need to because they’re selling a business or have restrictive debt covenants.


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Chicago Performing Arts Venue Relief Grant – FREE Webinar Oct 8

https://www.youtube.com/watch?v=dv3UTm7ATwk&feature=emb_logo

As Republicans in Congress refuse to pass further relief packages for those hit hardest by COVID-19, Chicago announced a new fund to help struggling local performing arts spaces — as it’s currently estimated that 90 percent of live music venues won’t survive without additional support, reported Block Club.

Venues can apply for up to $10,000 from the Performing Arts Venue Relief Program, funded in part by the Walder Foundation and the Arts for Illinois Relief Fund, and in partnership with Accion. The city said 120 eligible applicants will be randomly selected by lottery for the relief grants.

Interested applicants are encouraged to attend an application assistance webinar on Thursday, October 8 from 12:00pm–1:00pm. Register at: https://www.eventbrite.com/e/venue-program-info-session-tickets-123724718965

Eligibility criteria and applications are available at chicago.gov/artsvenuereliefthe application deadline is October 23 at 5pm Central. Grant recipients will chosen via lottery and notified of their acceptance on November 16th.

The program will prioritize funding organizations located on the South and West sides, in LMI (Low and Moderate Income) community areas, organizations that were not eligible for the City of Chicago’s Together Now program, and organizations that have not received grants through the Arts for Illinois Relief Fund, the City of Chicago’s Together Now program, or the 2020 CityArts Large program for organizations with budgets over $2M.

In addition, if you care about live performance, please consider sending this form letter to your representatives asking them to support the bipartisan “Save Our Stages” Act.


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