My excellent colleagues over at Wegner CPAs are providing yet another free webinar on the remaining Covid-19 relief programs for small business owners.
Do you still have questions about the COVID relief programs? Join us for an overview of what’s available and learn about any updates to the:
Kate Serpe, CPA, Senior Manager, joined Wegner CPAs as an intern in 2010 and was hired full-time as part of the Accounting Solutions Group in 2011. Kate has experience providing controllership and CFO services to cooperatives and not for profit organizations and specializes in board presentations and assisting clients with strategic planning.
Dan Bergs, CPA, Senior Manager, joined Wegner CPAs as an intern in 2008 and started full-time after graduation in 2010. He specializes in working individual and business clients providing them with a variety of tax and accounting services.
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
The City of Chicago just opened two new grant programs: Chi Biz Strong and Outdoor Dining. These programs are extremely straightforward, easy to understand and apply for, and are funded with over $20M. To streamline the process for applicants, the Chi Biz Strong Grants and Outdoor Dining Grant Program will be available through a single application.
Applications are available now and will be open until Friday, November 12, 2021 at 11:59 pm. Grants will be disbursed via a lottery and based on eligibility and prioritization criteria. To apply and learn more, please visit Chicago.gov/ChiBizStrongGrant.
Chi Biz Strong Grant Program: $5,000 or $10,000 grants (based on 2020 revenue reported on tax return) to small businesses and nonprofit organizations that have experienced lost revenue or increased costs due to COVID-19 to support business/nonprofit expenses
Outdoor Dining Grant Program: $5,000 grants for small restaurants and bars to support the purchase (or reimbursement) of outdoor furniture, pandemic-related signage, and personal protective equipment
Eligible organizations must have under $3M in revenue, and organizations that have not received prior government pandemic relief will be prioritized
Applicants will be selected by criteria and lottery; how soon you submit your application will have no impact on your likelihood to receive an award, as long as it is submitted prior to the deadline
Applications are open through Friday, November 12, 2021, at 11:59 PM.
Here are the details for for-profit companies (the rules for non-profits are different, so I encourage you to watch the webinar specifically for NFPs if this applies to you):
For-profit business criteria:
Small businesses (under $3M in revenue)
If you have over $60k of 2020 revenue reported on your tax return, Chi Biz will be a $10k flat grant — versus under $60k in revenue, it will be a $5k flat grant; unlike prior programs, it is not an amount based on a decline in revenue
Outdoor Dining is a $5k flat grant — you can apply for both Chi Biz and Outdoor Dining on the same application
Businesses who started in 2020 may be eligible, presuming they meet the qualifications otherwise
Excludes certain business types, such as junk yards and pawn shops
Businesses that have not received prior State, Federal or local government aid or financial relief will be prioritized
Small chains and franchises are eligible below a certain size; see FAQ for details
Required Documents (For-Profit Businesses)
Business Owner Valid ID (driver’s license, State ID, Passport, Consular Registration Card)
City/State business license with Chicago business address OR other proof of Chicago address (e.g. business bank statement or tax statement with business name and Chicago address). For Outdoor Dining Grant Program, City business license is required.
2020 Federal Business Tax Return all pages (Form 1120, 1065, 990 OR Form 1040 w/ Schedule C)
Most recent business bank statement
W9 Form
Timeline
10/22: Grant application is available
11/12: Grant application closes at 12:59 p.m. CDT
By third week of December: Grant recipients are chosen via lottery and notified of their acceptance
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
Note: this is an update to an existing blog post — the instructions below are specific to the Biz2Credit PPP lending platform. If you received your loan through another platform, please see my original post.
For over a year we waited for legislation from Congress as well as guidance from both the SBA and IRS as to the interplay between the Employee Retention Credit (ERC) and the Paycheck Protection Program (PPP). It appears the last of that guidance was issued on August 10, 2021 — so, at this point, as long as you have worked out the interplay between PPP and the Employee Retention Credit (ERC), then you should go ahead and apply. Which means that if you are a sole proprietor and have no employees, you are ready to apply — since ERC is only an issue if you have W-2 employees or are a W-2 employee of your own company.
For PPP draws in 2021, our firm participated in a joint program by AICPA and Biz2Credit called the “CPA Loan Portal”. We’ve prepared the following step-by-step instructions for clients of ours who were funded through this system — however, I believe the instructions are the same for small business owners who applied directly with Biz2Credit. (Let us know in the comments if this is the case or if you had to tweak the approach at all.)
First, a couple general comments for borrowers of $150k or less who are self-employed with no employees:
For self-employed with no employees, it’s an “owner compensation replacement” approach, which means you will have 2.5 months’ worth of your prior-year net profit (or gross profit, for those who applied for PPP funding under the last-minute changes to the rules) automatically forgiven. Your forgiveness amount should exactly equal your loan amount, presuming the original loan was calculated properly.
According to Biz2Credit on their July 1 webinar (from their PPP Forgiveness Required Documents Customer Guidebook), no documentation is required for sole proprietors with loans of $150k or less:
How-To Instructions for PPP Forgiveness – AICPA Biz2Credit Application – Self-Employed with No Employees
First things first, decide whether you’d like to fill out the forgiveness application yourself or whether you’d like your CPA firm to do it for you for a small fee. Once you’ve informed them that you’d like to DIY, they will need to “assign” the forgiveness application to you, which will trigger an email that looks something like this:
Once you log in to your account using the credentials you created when you signed the PPP draw application just before getting funded, you’ll be walked through a series of screens.
Click the “Apply for Loan Forgiveness” button.
Most of the information will be automatically filled in based on the initial loan application information. There is no need to enter information in any of the fields marked “(Optional)”. Click the “Confirm” button.
A pop-up should suggest you use the 3508-S application, the simplest one – click the Continue button to go to the Basic PPP Loan Information screen.
Covered Period Start Date should default to the disbursement date as the start date. The duration of the covered period can be anywhere from 8-to-24 weeks; if the applicant is self-employed with no employees, we suggest a 10-week period. The end-date will auto-fill.
Most of the information will fill in automatically, but you will have to note the number of employees at the time of the forgiveness application – for self-employed with no employees, the answer is 1.
For a self-employed person with no employees, the Amount of Loan Spent on Payroll Costs should be the full amount of the PPP loan.
Click the green “Next” button on the lower-right corner to continue.
A pop-up will come up – read and click “Accept & Continue” if you agree.
You should get a screen confirming the form was completed and letting you know they have sent an email with a link to Docusign the application. Do not click the “Continue” button until you sign the application. Open your email program in a separate tab to find the email from Biz2Credit Contract Support via Docusign, with the subject, “Biz2Credit : PPP Loan Forgiveness Application Form 3508S”. Keep in mind that it may be in the “Promotions” or “Updates” tab, or in Spam.
Click the orange “Review Document” button in the email.
The Docusign document should open in a separate tab – you may need to allow it to access your location.
Checkmark the agreement and click “Continue”.
Click the “Start” button and follow the guidelines to initial twice and then sign the form. Click the “Finish” button when you are done. Save a copy for your own records.
Go back to the Biz2Credit tab and click “Continue” (if you accidentally closed the tab, please go to the Biz2Credit site and log in again). It is essential that you click the “Continue” button to submit the application.
Click “Ok” on the pop-up. This will take you back to the dashboard – at the bottom, instead of the “Apply for Loan Forgiveness” button, you should see two links: View Submission and View Documents. There is no need to click on these at this point, but seeing them is reassurance that your application has in fact been submitted.
(If you did not download the form after Docusigning, then you can do it at this point, by clicking “View Documents”. It will then take you to a screen with a long list of possible documents – the top link (“E-signed 3508”) allows you to download a pdf of the e-signed document for your records.)
You will receive two more emails from Biz2Credit: 1) an email via Docusign allowing you to view or download the completed document (which at this point you’ve already done); and, 2) a confirmation that your loan forgiveness application is being sent to the SBA.
Now sit tight and await a confirmation email from Biz2Credit once the SBA has forgiven the loan – please make sure to forward this to your CPA firm… and congratulations!
Note: Even though no documentation for loans under $150k is required, occasionally there will be a follow-up email from Biz2Credit requesting certain items. Please forward to your CPA firm if this occurs and they will advise (and they’ll inform your Biz2Credit lending rep that this step should not be required).
For self-employed folks with no employees, the PPP Forgiveness process is very straightforward. Please let us know in the comments if you come across challenges, so others can learn from your experiences — especially for those who applied directly with Biz2Credit instead of through your CPA. Best of luck to you all!
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
It finally happened… the IRS released long-awaited guidance on the Employee Retention Credit (ERC): • August 4 – Notice 2021-49 and accompanying IR-2021-165 • August 10 – Rev. Proc. 2021-33
Some major questions were answered: • Whether wages of more than 50% shareholders and their spouses are considered qualified wages for the purpose of the credit. (Mostly “no”, unless you’re an orphan with no living siblings or kids. Much frustration abounds — more on this later.) • Whether cash tips are included in qualified wages. (Yes. Good news!) • Whether full-time employees or full-time equivalent employees should be used to calculate the number of employees to determine whether a business is a small or large eligible employer. (Head-count, not FTEs. Good news again!) • Timing of the wage deduction disallowance. (Must be on 2020 tax return, so amend if already filed.) • Does gross receipts for ERC include PPP, SVOG, RRF? (Mostly “no”, as long as you treat them consistently. More good news!)
They also released rules on changes made to the ERC by the American Rescue Plan Act (ARPA) regarding: • Recovery Start-up Business • Severely Financially Distressed Employer
There were other significant updates to the ERC as well, including clarifications as to: • If an employer may claim both the ERC and the Internal Revenue Code Section 45B “Tip Tax Credit” that applies to food and beverage workers. (YES! You can double-dip. Truly shocking, and good news.) • Instructions on amending filed income tax returns returns after receiving the ERC.
They are also putting together a panel of practitioners for a September Town Hall, to discuss how each is dealing with client returns based on this new guidance.
In addition to all the AICPA goodies, our go-to legal resource, Alan Gassman and Brandon Ketron recorded a “PPP and ERC Update” video on August 7th that explores (and vents) Notice 2021-49 (it was recorded prior to Rev. Proc 2021-33, so there’s no reference to the fact that PPP, SVOG, and RRF receipts are not included in gross income for ERC qualification purposes).
Which is a good segue to circle back to the frustration derived from the IRS’s “letter of the law” guidance. The basic idea is that if owners have any living relatives (regardless of association with the business), their wages do not qualify for ERC — but those of an orphan with no siblings or offspring would. Unsurprisingly, this didn’t go over well in the accounting and legal communities:
I suspect the IRS is attempting to force Congress’s hand by taking the sloppily-written legislation at face value and therefore releasing a ridiculous literal interpretation they know could not have been intended. But without sufficient administrative authority to read their own preferences into it, the IRS has now put Congress in a position to have to release new legislation to explicitly spell out their original intent. Will this happen anytime soon? Do we hold off on filing client 941-X returns in the meantime? Or is Congress too busy to right this wrong?
We’ll be mulling these questions over in the next few weeks, with the intention of making a game-time call with enough time to get our September 15th extended business tax returns filed.
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
A librarian for the non-profit organization Always Discovering reached out to me to express appreciation for the blog and other resources on my website, and to suggest a few more.
Some of these grant opportunities expire soon, so if you think you might qualify, take a look and as always — make sure your books are up-to-date and tax returns are timely-filed or extended, so you have the resources needed for applications.
Let us know in the comments if any of these turn out well (or poorly) for you, so we can make sure to promote them in our channels.
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
The National Federation of Independent Business is hosting a free webinar with special guest, Matt Evans, CPA, SMA, CFM. Join them as he reviews the benefits of the ERC program, a refundable tax credit that could be worth up to $33,000 per employee for qualified wages an eligible employer pays to employees after March 12, 2020, and before December 31, 2021.
In this FREE webinar, Matt will explain how to:
• Determine ERC eligibility; • Calculate the amount of ERC; • Access and apply for the ERC; and • Utilize both the PPP and ERC programs.
NFIB hosts Beth Milito and Holly Wade will conclude the webinar with LIVE Q&A to answer your PPP, ERC, FFCRA, and EIDL questions. You can submit your questions ahead of the webinar using the registration form so they can make sure to answer them.
Can’t make this webinar? Don’t worry! Register now and they’ll email you an on-demand version.
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
From the Chicago Department of Business Affairs and Consumer Protection, an update on the myriad changes that Chicago’s City Council made when they recently passed the Chi Biz Strong Initiative — many of which affect small business owners in our city. The list is arranged by the date the legislation is effective.
Note: We have no formal relationship with BACP — just sharing this info as a public service.
July 9, 2021
Dear Chicagoan,
BACP is pleased to announce that Chicago’s City Council passed the Chi Biz Strong Initiative on June 25, 2021. This bold legislative package contains a number of initiatives to help jumpstart our recovery from the COVID-19 pandemic and set our businesses, workers and consumers on the path towards a stronger future. Below you will find an overview of the effective dates and important details for businesses on the various pieces of this broad legislation. BACP will share more information as the effective dates approach, and please do not hesitate to email bacpoutreach@cityofchicago.org with any questions.
Effective June 26, 2021: Extension of Third-Party Delivery Fee Caps: During the COVID-19 pandemic, the City instituted a 15% cap on fees that Third-Party Delivery Companies can charge restaurants. This fee cap has been extended until 180 days after all indoor dining restrictions are lifted – December 8, 2021 if current regulations remain in place. See here for an industry notice. Extension of Legalized Cocktails To-Go: Last year, the sale of cocktails-to-go was temporarily legalized to support bars and restaurants during the pandemic. The State of Illinois recently extended this legalization until 2024, and the Chi Biz Strong Initiative ensures that the sale of cocktails to-go from a business with a Tavern or Consumption on Premises-Incidental Activity license remains legal in Chicago during that time. Additionally, this measure allows these businesses to also sell single-serve wine to-go. See here for more information on cocktails to-go. New Package Goods Operating Hours: No establishment that holds a Package Goods License shall sell, permit to be sold or give away any alcoholic liquor between the hours of 12:00 a.m. and 7:00 a.m. on Mondays through Saturdays and between the hours of 12:00 a.m. and 11:00 a.m. on Sundays, except that a supermarket may commence the sale of package goods at 8:00 a.m. on Sundays. Please see here an industry notice on the new hours of operation for Package Goods Licensees. Hospitality Reforms: In order to reduce red tape for the hospitality industry and align with state regulations, the term for a special event liquor permits has been extended from 11 to 15 days. Additionally, the requirements for entrepreneurs to receive a liquor or Public Place of Amusement License have been modernized to reduce barriers to entry for returning residents. Extension of Sidewalk Café Operating Hours: Retail Food Licensees with a Sidewalk Café Permit can now begin operating at 7:00 am, one hour earlier than previous requirements. Flavored Tobacco Regulations: The sale of flavored tobacco is prohibited in Chicago. This regulation has been clarified to make it clear that the cigarette wrapping paper or wrapping leaf cannot be flavored, even if it does not contain nicotine.
Effective July 31, 2021: Wage Theft Protections: Almost $400 million in wages are stolen from Chicagoland workers by bad-faith employers every year. Chicago’s first Wage Theft Ordinance will give Chicago’s Office of Labor Standards the authority to hold business accountable for the non-payment of wages required for work performed, with potential violations ranging up to $1,000 per offense per day. Expedited Restaurant Licensing: The City is making it easier for new restaurants to open in previously licensed restaurant spaces, provided that the previous restaurant had recently passed an inspection. Beginning July 31, new Retail Food Licenses can be issued by BACP to new restaurants prior to the completion of a health inspection, provided that the previous restaurant had passed their most recent health inspection on or after July 1, 2018 and that other conditions are met to ensure that food is prepared safely. Fair Marketplace Reforms: Any “Third-Party Facilitator” that connects customers with clients via a digital application will be required to make sure that their clients are properly licensed.
Effective August 1, 2021: $15 Minimum Wage for Domestic Workers: Effective August 1, 2021, all Chicago domestic workers will be guaranteed a $15.00 per hour minimum wage, no matter the size of their employer. This ensures that domestic workers have access to the full minimum wage earlier than had been previously guaranteed. Paid Sick Leave Enhancements: Chicago workers are guaranteed one hour of paid sick leave for every 40 hours worked. Starting August 1, the possible uses for that paid sick leave will be expanded to include caring for a family member with a closed school or place of care, compliance with public health orders, and mental and behavioral health. Chain Business Workers: This initiative will ensure that chain business workers are paid the minimum wage that they are guaranteed under the Minimum Wage Ordinance by clarifying that all workers at a chain business count towards the size of the business. Public Vehicle Reforms: The public vehicle industry, especially taxicabs, have been hit hard by the COVID-19 pandemic. In order to support the industry, the City will increase vehicle utilization by allowing taxicabs to stay on the road longer – up to fifteen years for fuel efficient or wheelchair accessible vehicles, and up to ten years for all other taxicabs. Additionally, the requirements for individuals to become public chauffeurs will be modernized to reduce barriers to entry. Charter Bus Reforms: The City will maintain public safety and continue to require charter buses with 15 or more passengers which allow drinking onboard (including BYOB) to secure a separate security guard. Also, trips without any scheduled stops (mobile social clubs) will also need separate security guards. All other charter bus trips with 15 or more passengers will require the driver or someone else on board to be trained in safety protocols to ensure the safety of the passengers. All trips transporting 15 or more passengers must maintain a plan of operation ensuring passenger, driver, and public safety. New Low-Speed Electric Public Vehicle License: The City will create a new license to promote operation of environmental friendly and sustainable electric public passenger vehicles, three or four wheeled. These vehicles must be powered by an electric motor with a maximum speed of 30 miles per hour may legally transport passengers for hire, with solicitation of rides prohibited. Full licensing details will be available on the BACP website.
Effective January 1, 2022: Contract Requirement for Domestic Workers: Care workers have been hard-hit by the pandemic and face high rates of exploitation. Beginning in 2022, all domestic workers must be provided with a written contract that sets forth their wage and work schedule to ensure accountability, transparency and predictability. More details will be shared as the effective date approaches.
Effective March 1, 2022: Legalized Sidewalk Signs: Currently, A-Frame, T-Frame or other temporary self-supporting sidewalk signs are prohibited. Beginning next March, businesses will for the first time be able to receive a low-fee permit allowing them to advertise their business legally with a sidewalk sign. More information will be shared as the effective date approaches.
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
For over a year I’ve been answering the question, “when should we apply for PPP Loan Forgiveness?” And for over a year I’ve been responding, “not yet; there’s still so much that’s up in the air” — as AICPA (thankfully) recommended we wait for legislation from Congress as well as guidance from both the SBA and IRS.
Well, on June 24th, they gave us the green light in the AICPA Town Hall Series. Lisa Simpson said that if you have worked out the interplay between PPP and the Employee Retention Credit (ERC), then you should go ahead and apply.
This means that if you are a sole proprietor or partnership and have no employees, you are ready to apply — since ERC is only an issue if you have W-2 employees or are a W-2 employee of your own company. See my recent blog post for easy instructions.
It also means that if you have employees (or are an employee yourself), but you know that your company does not qualify for ERC, you are ready to apply. See below for less-than-easy but still DIY-worthy instructions.
For borrowers of more than $150k who had no wage or FTE reductions, or who qualify for a safe harbor/exemption:
As your loan was higher than $150k, you do not qualify to file the simplest PPP Forgiveness form (3508S). However, presuming you followed all the rules and had no reductions, you do qualify for the “EZ” form (3508EZ). Please make sure your lender allows you to use this approach. For reference, here is the forgiveness application form (pages 1-4) and instructions – but for the actual forgiveness process, instead of filling the form out, you will apply through your lender’s loan portal and it will walk you through the steps. Please carefully read through the checklist and instructions on pages 5-9.
Please also read through this Form 3508EZ Step-by-Step guide before beginning the process at your lender’s portal, as the questions you will be asked mirror the actual application.
Some important tips when going through the process:
Have your original PPP loan application and loan documents handy so you can make sure the info on your forgiveness application matches it exactly (legal name, DBA, address, NAICS code, EIN/SSN, loan number, number of employees at time of loan application).
Number of employees at time of loan application and forgiveness application are both simple head-counts, not FTEs or full- vs. part-time or anything else.
Covered Period is the date you received the funds through 24 weeks later, unless you determined a shorter period would be advantageous.
We recommend the “Amount of Loan Spent on Payroll Costs” total is not any higher than the minimum needed for forgiveness.
“Requested Loan Forgiveness Amount” should be the exact full total of your PPP Loan.
If you were unable to operate at full capacity, you may check the second box on the checklist, which means there is no requirement to fulfill the FTE (full-time equivalent) test.
Regarding backup documentation that you must submit with your application, keep in mind that what is considered acceptable support is up to each individual lender. – Payroll: your lender may ask you for bank account statements, payroll tax form 941s, and canceled checks for benefit invoices as proof of payment. – Nonpayroll: For rent/mortgage/utilities payments, your lender may ask for documentation that the obligation/services existed prior to 2/15/2020. They are likely to ask for proof of payment for all amounts claimed in this section.
If there is any concern that you might not have fulfilled the wage reduction or FTE tests, or that you do not meet a safe harbor or exemption for them, we strongly suggest working with a trusted advisor to prepare your PPP Forgiveness application, as it gets extremely complicated. Our approach, to be safe, has been to download the free Form 3508 PPP Forgiveness Calculator from the AICPA, regardless of which form you qualify to submit, so as to run all the numbers for the wage reduction test, and fill out the information to see if you are exempt from the FTE test or not. If you are not exempt, the AICPA also offers a free FTE calculator. We then suggest you retain these files as backup in case of audit, even if you end up passing all the tests and qualifying to submit a simpler form than the full 3508.
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
For over a year I’ve been answering the question, “when should we apply for PPP Loan Forgiveness?” And for over a year I’ve been responding, “not yet; there’s still so much that’s up in the air” — as AICPA (thankfully) recommended we wait for legislation from Congress as well as guidance from both the SBA and IRS.
Well, on June 24th, they gave us the green light in the AICPA Town Hall Series. Lisa Simpson said that if you have worked out the interplay between PPP and the Employee Retention Credit (ERC), then you should go ahead and apply.
This means that if you are a sole proprietor or partnership and have no employees, you are ready to apply — since ERC is only an issue if you have W-2 employees or are a W-2 employee of your own company.
For borrowers of $150k or less who are self-employed with no employees:
For self-employed with no employees, it’s an “owner compensation replacement” approach, which means you will have 2.5 months’ worth of your 2019 net profit automatically forgiven. That is why the form is so simple. Your forgiveness amount should exactly equal your loan amount, presuming the original loan was calculated properly.
For reference, here is the forgiveness application form – but most lenders will have you actually apply through their own loan portal, which will walk you through the process. Just be clear that you are a self-employed individual with no employees, that your loan was $150k or less, and so you qualify for Form 3508S.
It should not matter how long you select for your covered period — anywhere between 8 and 24 weeks — but the first- and second-draws cannot overlap (your first loan covered period must be short enough that it ends before your second loan covered period starts).
You can indicate that you spent the entire loan on payroll.
Have your original PPP loan application and loan documents handy so you can make sure the info on your forgiveness application matches it exactly (legal name, DBA, address, NAICS code, EIN/SSN, loan number, number of employees at time of loan application).
And according to AICPA Funding Partner, Biz2Credit, on today’s July 1 webinar (from their PPP Forgiveness Required Documents Customer Guidebook):
(This had been the case for all the lenders I’ve seen so far, but the jury seemed to still be out for some of them, including Biz2Credit — so this was a relief.)
For self-employed folks with no employees, the PPP Forgiveness process should be very straightforward, from everything I’ve seen so far. Please let me know in the comments if you come across challenges, so others can learn from your experiences. Best of luck to you all!
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. Ths allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
Note to readers: the issue outlined below only applies to 50%-or-greater shareholders — which means the business is a corporation — and their spouses who work at the company. It does not apply to sole proprietors or partners — those two groups do not get paid via payroll and therefore are not eligible. Shareholders who own less than 50% are eligible if the business meets the other requirements to claim the credit.
If you are a 50%-or-greater shareholder and your company qualifies for the Employee Retention Credit for either 2020 or 2021, please read on.
I truly cannot believe that it’s June 2021 and I’m writing a blog post to help people choose the least-worst 2020 Employee Retention Credit interpretation — because even though the pandemic is starting to show in our rearview mirrors, we are still living in a universe totally devoid of IRS guidance on the topic of ERC shareholder eligibility. Accountants jokingly refer to this mystery as the Tax Advisers’ “Area 51” on #TaxTwitter.
What am I talking about? And why am I so annoyed? Let me set the scene:
3) Now that the first round of PPP loans are nearing the end of the payment deferment period — and to be fair, we’re also only a few months away from the tax return extension deadline — we would like to finalize those calculations and returns. (Reminder: there is no “deadline” for applying for PPP Forgiveness — per the SBA, “borrowers can apply for forgiveness any time up to the maturity date of the loan. If borrowers do not apply for forgiveness within 10 months after the last day of the covered period, then PPP loan payments are no longer deferred, and borrowers will begin making loan payments to their PPP lender.”)
What’s that? You’re saying the IRS has still not issued essential guidance on a credit that was created in the first month of the pandemic? Yes. Yes, I am.
Recently, both the AICPA and Tony Nitti, two of my most trusted sources, have weighed in on this with a big “why is the IRS dragging their heels on this” reaction. Nitti went as far as to say, “Are wages paid to greater than 50% owners eligible for the credit? If I had a nickel for every time someone emailed me this question, I could afford to stop shamelessly and relentlessly shilling this newsletter. It is absolutely amazing that a full year after the ERC was created, we still don’t have a definitive answer.”
Okay, enough backstory. As a small business owner, what are your options? I call them Choice 1 (yes) and Choice 2 (no) for short:
#1 Calculate ERC as if owners are eligible and file 2020 income tax returns accordingly. This would result in a higher tax for clients (because more wages are disallowed as deductions). Submit PPP Forgiveness applications, but hold off on submitting ERC claims (941-Xs) until guidance is released. If guidance indicates that owners are eligible, file the ERC claims accordingly. If guidance says owners are not eligible, then amend the income tax returns and file the ERC claims accordingly.
This approach may make the most sense when there are two 50%-owners on payroll, and not many other other staff — as the increased credit would be worth the wait, compared to the total credit without owners.
#2 Calculate ERC as if owners are not eligible and file 2020 income tax returns accordingly. This would result in a lower tax for clients (because fewer wages are disallowed as deductions). Submit PPP Forgiveness applications, and submit ERC claims (941-Xs) — rather than holding off on these as in the above option. If guidance is eventually released that indicates owners are not eligible, then no action is needed. If guidance indicates that owners are eligible, then decide whether it is worth amending the income tax returns and ERC claims to get the additional funds.
This approach may make the most sense with only one 50%+ owner and many employees, as the cost to amend all returns and claims will probably not be worth the additional credit.
The goal with both approaches is to get PPP Forgiveness applications and tax returns filed as soon as possible, with the best balance between wage deductions and potential wage credits.
While I was tempted to pick one of these two approaches and inform all clients of our choice, I decided — especially with advice from an AICPA Town Hall — that this is a decision that each client needs to make for themselves. We’re happy to explain the potential costs and benefits of each approach and make a personal recommendation for each client’s individual situation, but the decision should be theirs. We recommend other CPA firms take a similar approach.
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