News

As you may be aware, the Paycheck Protection Program that was passed into law earlier this year has seen some major changes since the law has passed. Remember, initially, you could borrow up to 2.5 times your average monthly payroll, and then utilize the proceeds for payroll for 8 weeks, rent, lease payments, and utilities. If you did utilize the proceeds for payroll over the next 8 weeks, and no more than 25% of the proceeds were used for rent, utilities, and lease payments, the loan would be considered forgivable, and therefore, you would not have to pay it back.

A couple of weeks ago, the SBA issued the Paycheck Protection Program Loan Forgiveness Application. It is highly convoluted, and we are looking into what it would cost for us to assist our clients with it. Please let us know if you have interest in us completing this application on your behalf. Click here for the application.

Regardless, below are some highlights of H.R. 7010 (THe Paycheck Protection Program Flexibility Act of 2020) that was passed into law this past Friday.

Since then, the IRS has issued guidance that although the loan forgiveness would not be considered taxable, any deductions paid from the proceeds would not be deductible. In effect, this would mean that the PPP loan would be taxable income. Our hope is that Congress was going to address this, but H.R. 7010 does not address this, and it doesn’t seem likely at this point that it will be addressed. A link to H.R. 7010 is below. https://www.congress.gov/bill/116th-congress/house-bill/7010/text

1. Unforgiven PPP loans maturity will now be over 5 years, instead of 2.
2. You can now apply for a PPP loan up until December 31, 2020. Previously June 30, 2020 was the deadline.
3. The 8 week period covered period has been extended to 24 weeks, but no later than December 31, 2020. 4. This changes the amounts that can be utilized for compensation from an 8 week period to a 24 week period, although you can elect to utilize the 8 week period if you received your loan proceeds before June 5, 2020. This also means that more compensation will be eligible to be used from PPP loan proceeds.
5. Non-payroll Costs may be up to 40% of the loan amount, up from 25%.

We understand that these are confusing times, so please contact us if you have any additional questions or concerns.

As things continue to change with the pandemic, many clients have called or emailed concerning the new deadline, potential relief package, and how tax returns and payments will be affected. Since the outbreak started, we have had many of our staff members working remotely, and continue to utilize that option. It is not as efficient, and due to that, many returns will be delayed. Be aware that we are working as diligently as possible, so please be patient. Also, please understand that all income tax returns and estimated tax payments that were due April 15th, are now not due until July 15th. No penalties or interest will be due on returns that were due on April 15th until July 15th.

The best summary of some of the individual provisions of the new CARES Act that affects most of our clients was posted in an article yesterday by the National Law Review. Please review, and understand that this is the federal piece, and that there are also state pieces that we disseminated earlier this week.

https://www.natlawreview.com/article/coronavirus-senate-passes-cares-act-summary-tax-provisions-bill

In addition to this relief, the IRS has unveiled a new “People First Initiative” thereby delaying the tax return deadline to July 15. A link to this initiative is below.

https://www.irs.gov/newsroom/irs-unveils-new-people-first-initiative-covid-19-effort-temporarily-adjusts-suspends-key-compliance-program

In the meantime, our recommendation is that all business owners run 13 weeks of cash flow analysis to determine when or if you are going to have an issue. We have a cash flow spreadsheet that we are glad to share with you, which may assist. Please let us know if you would like for us to send it to you, or want to discuss further.

We are here to help. Please let us know how we can assist you at this critical time in our history.

There are significant changes to our current tax code effective January 1, 2018. I have outlined many of the major changes that may affect you as my client;

1. Individual tax rates have changed to 10%, 12%, 22%, 24%, 32%, 35%, and 37% from the prior rates of 10%, 15%, 25%, 28%, 33%, 35%, and 39.6%.
2. The Kiddie Tax has changed so that unearned (investment) income is to be taxed at trust rates instead of the parent’s rate. That would 10% on taxable income up to $2,550, and then 24% from $2,551 to $9,150, then going to 35% and 37%
3. The new standard deductions are now $24,000 for joint filers, $12,000 for separate and single filers, and $18,000 for head of household filers.
4. Personal exemptions have been repealed. For 2017, the personal exemption is $4,050 per person subject to phase out. $0 in 2018.
5. The child tax credit is increased to $2,000 per child under the age of 17 subject to phase out at $400,000 for joint filers, and $200,000 for single filers. The old child tax credit was $1,000 per child phased out at $110,000 for joint filers, and $75,000 for single filers.
6. They have repealed the AGI phase out for itemized deductions.
7. They have repealed the miscellaneous itemized deductions subject to the 2% floor. These are things like accounting or investment fees, safety deposit boxes, unreimbursed employee expenses, union dues, job education expenses.
8. Home mortgage interest acquisition indebtedness incurred after December 15, 2017 is limited to $750,000 of principal indebtedness, down from $1,000,000. Married filing separate filers would be limited to $375,000.
9. Home equity indebtedness is no longer deductible mortgage interest.
10. There is now a $10,000 ($5,000 for married filing separately) limit on the amount of state and local property and income taxes that you can claim as an itemized deduction.
11. The deduction for personal casualty and theft losses has been repealed.
12. Alimony payments for divorces executed after December 31, 2018 are no longer deductions or income.
13. Moving expenses deduction and reimbursement has been eliminated.
14. The unified exclusion for estate tax is now $11,200,000.
15. Alternative minimum tax exemptions have been increased to the following; $109,400 for joint filers, $70,300 for single and head of household filers, $54,700 for married filing separate filers.
16. AMT exemption phase-out beginning AMTI thresholds have been increased as follows; $1,000,000 for joint returns, $500,000 for single, separate or head of household.
17. The shared responsibility payment for individuals has been repealed starting in 2019.
18. C corporation income tax rates are a flat 21%.
19. There is a new 20% deduction for Qualified Business Income if your joint taxable income is lower than $315,000 or $157,500 for anyone else. You may still be eligible to claim the deduction if your taxable income is over that amount with limitations.
20. Businesses with average gross receipts of $25 million or less would be permitted to use the cash method of accounting regardless of industry or amount of inventory.
21. Business interest is capped at interest income plus 30% of business adjusted taxable income plus floor plan financing interest.
22. Net Operating Losses will generally not allowed to be carried back anymore, and will be limited to 80% of taxable income and then carried over.
23. Like-kind exchanges are allowed for real property only.
24. The domestic production activities deduction has been repealed.
25. Deductions for entertainment, amusement, recreation, membership dues to any club organized for business, pleasure, recreation, or social purpose has been repealed.
26. The 100% deduction for meals provided to employees on employer’s premises is now reduced to a 50% limitation.
27. Partnership technical terminations have been repealed.
28. There is a new general business credit for employers that allow at least 2 weeks and up to 12 weeks credit for 12.5% of wages paid at 50% normal pay, and 25% at 100% normal pay.
29. The 10% rehabilitation credit for pre-1936 buildings has been repealed.

At Brader Greene, we want to educate all of our clients about the tax laws and how they affect you. Please let us know if you have any questions, or need clarification on any point. We look forward to working with you.