2lafayette
399
storyparadox3
1trap
Spottswood William Robinson 360x1000
199
Margaret Fuller 2 360x1000
Maria Popova 360x1000
Margaret Fuller5 360x1000
1albion
7confidencegames
3defense
Brendan Beehan 360x1000
6albion
1lookingforthegoodwar
1lauber
Richard Posner 360x1000
3confidencegames
Stormy Daniels 360x1000
1gucci
2falsewitness
7albion
lifeinmiddlemarch2
3albion
Office of Chief Counsel 360x1000
2paradise
11632
1empireofpain
Storyparadox1
Margaret Fuller3 360x1000
299
10abion
13albion
storyparadox2
2transadentilist
2lookingforthegoodwar
8albion'
1jesusandjohnwayne
2defense
LillianFaderman
Margaret Fuller4 360x1000
2trap
Mary Ann Evans 360x1000
James Gould Cozzens 360x1000
11albion
Lafayette and Jefferson 360x1000
Margaret Fuller1 360x1000
Learned Hand 360x1000
George F Wil...360x1000
2theleastofus
Anthony McCann2 360x1000
Thomas Piketty2 360x1000
Anthony McCann1 360x1000
499
Thomas Piketty3 360x1000
Adam Gopnik 360x1000
Gilgamesh 360x1000
Maurice B Foley 360x1000
lifeinmiddlemarch1
1theleasofus
3theleastofus
9albion
6confidencegames
12albion
Thomas Piketty1 360x1000
Margaret Fuller2 360x1000
2albion
AlexRosenberg
3paradise
Susie King Taylor 360x1000
George M Cohan and Lerarned Hand 360x1000
4albion
Edmund Burke 360x1000
Susie King Taylor2 360x1000
Betty Friedan 360x1000
1paradide
1madoff
Mark V Holmes 360x1000
1transcendentalist
2gucci
Tad Friend 360x1000
1lafayette
Samuel Johnson 360x1000
Ruth Bader Ginsburg 360x1000
5albion
1falsewitness
1confidencegames
Margaret Fuller 360x1000
1defense
2confidencegames
5confidencegames
14albion
4confidencegames
2jesusandjohnwayne

Originally published on Forbes.com.

The army of tax professionals drafted into work as loan consultants by the CARES Act get no recognition in the Continuing Small Business Recovery And Paycheck Protection Act. They might get just a bit of schadenfreude out of it, though. The CARES Act gave the banks a fee as much as 5% of the first round of Paycheck Protection loans with a pretty clear idea that 1% be shared with agents.

The proposed second draw has a 3% maximum fee and no mention of agents. In the first round, the CPAs and EAs were the victims of bank robbery, as many of the banks did not allow agent fees keeping the whole 5%. So maybe there will be some satisfaction that the banks are getting less.

Now that we have covered the really important part, let’s take a closer look at the proposed second round of PPP money.

A Piece Of The Puzzle

The Senate has finally picked up the baton that the House dropped on it with the HEROES Act to craft its own legislation. The Senate bill will be called the HEALS Act (Health, Economic Assistance, Liability Protection and Schools Act), but we are getting it in pieces from different committees.

The Finance Committee has the American Workers, Families and Employers Assistance Act, which has much of what most people were worried about – most notably a second rebate payment remarkably similar to the first one under the CARES Act and a continuation of the federal unemployment supplement at a lower rate, which the New York TimesNYT refers to as a $400 cut.

Kelly Erb has covered AWFE quite thoroughly with Senate CARES Act 2.0 Includes More Stimulus Checks, Unemployment Benefits.

Relevant To Both Rounds

The bill includes improvements to the CARES Act relative to the use and forgivability of Paycheck Protection loans. There is a clarification that group insurance benefits qualify as payroll and covered period can now be between 8 weeks after loan origination and December 31, 2020.

More Things You Can Spend On

The Act would add additional eligible expenses that will be allowable and forgivable. There are “covered operations expenses” – software, cloud computing, and other human resources and accounting needs. “Covered supplier costs” are goods essential to the business that were contracted for prior to February 15, 2020. “Covered worker protection expenditures” includes personal protective equipment and adaptive investments to comply with health and safety guidelines related to COVID-19.

There is an additional category which might be a bit of editorializing. “Property damage costs” are costs related to property damage due to public disturbances that occurred during 2020 that are not covered by insurance.

Forgiveness

The process for applying of forgiveness of PPP loans will be simplified under this bill. Borrowers under $150,000 do not have to submit any documentation other than an attestation of a good faith effort to comply. Of course, they will need to hang onto records in the event of audit. Borrowers who got $150,000 to $2 million don’t have to submit documents either but have a certification requirement.

The Second Draw

Some employers will be able to take a second Paycheck Protection loan. It is a narrower group than the first round under CARES. The employee limit is 300 and the employer must demonstrate a 50% reduction in gross receipts in either the first or second quarter of 2020 relative to the same quarter in 2019.

Publicly-traded businesses and entities affiliated with entities in the People’s Republic of China are excluded as our businesses in financial services that received a first round loan.

Amount Of Loan

Much like CARES the amount of the loan is 2.5 times average monthly payroll cost with allowed adjustments for seasonality. The maximum loan is $2 million. Borrowers that received money in the first round can’t get an aggregate of more than $10 million.

Blessings

The Act conveys a “sense of Congress” that the administration’s take on the eligibility of churches and religious organizations was proper and prohibits the application of regulations otherwise rendering ineligible businesses engaged in teaching, instructing, counseling, or indoctrinating religion.

Forgiveness

Second draw borrowers would eligible for forgiveness to the extent of payroll and other covered expenses incurred before January 1, 2021. The 60/40 allocation between payroll and other expenses will continue.

There Is More

There are more devilish details that I have not addressed in this summary. I was on the phone last night with Lucien Gauthier of The Boston Tax Institute who offers a myriad of courses now over Zoom. He had reworked the schedule based on an extension in the CPE due date from June 30 to September 30 and now has to deal with another change in PPP. He did not sound real happy, but I just heard from him and now he sees it as an opportunity.

The Big Piece Missing

There is nothing in either of the two pieces of HEALS that have been released on deducting expenses that are funded by forgiven PPP loans. The IRS in Notice 2020-32 ruled that the expenses were not deductible, which seemed to contradict what Congress intended when it deemed the forgiveness not taxable.

Clearing that up one way or the other would avoid a lot of litigation in the coming years.

Planning

Earlier this month, I interviewed Heather Bain chair of the Small Business Committee of the Institute of Management Accountants. We were discussing why businesses might want to pass on PPP loans. Given how far in we were into the program I did not find the information that timely, but now with the prospect of a second round it is a different story.

One of the things she mentioned was privacy concerns. And of course we have seen the extensive PPP shaming frenzy that the media engaged in. So that ship had already sailed.

Possibly more important is how the program interacts with other programs and credits. Heather recommends that you don’t just think of PPP as free money, but rather sit down and do some cash flow planning before pulling the trigger on you application. You know what they say. Failing to plan is planning to fail.