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Maximizing PPP Loan Forgiveness

 

By now, many businesses received Paycheck Protection (“PPP”) loans. Here are some hurdles businesses must hop over to maximize the amount of PPP loan forgiveness.  Mainly, there are 3 tests that you must pay attention to.

Test 1:   75/25 Allocation

To be eligible for loan forgiveness, borrowed money must be used for designated expenses.  Participants are eligible for loan forgiveness for the amount spent on authorized expenses over the 8-weeks period of time after receiving the loan.  The SBA rules provides that at least 75% of loan funding must be spend on qualifying payroll cost, and not more than 25% of the loan forgiveness amount may be attributable to qualifying non-payroll costs.  Qualify payroll cost and non-payroll costs are two separate buckets that must be tested independently.

To the extent the 75% of the loan amount exceeds the qualifying payroll expenditure made during the 8-weeks, the forgiveness amount will be decreased.

Up to 25% of the loan amount spent on the qualifying non-payroll expenditure during the 8-weeks will be forgiven.

Qualifying payroll costs include gross salary, wages, tips, health care expenses, vacation, sick leave, retirement fund contributions, and state employer payroll taxes.  Gross salaries of employees, earning more than $100,000 in annualized salaries, should be capped at $15,385 ($100,000/52 x 8 weeks).

Qualifying non-payroll costs include rent payment on pre-2/15/2020 lease agreement, mortgage interest on pre-2/15/2020 mortgage loan, and utility payments under pre 2/15, 2020 service contracts.

Example 1:

Company X receives a PPP loan in the amount of $100,000.  During the 8-week covered period, Company X spends $60,000 on qualifying payroll expenses, $10,000 on qualifying non-payroll expenses and distributed the remaining $30,000 shareholders.  Debt discharge is first reduced by $15,000 [75% of $100,000 loan amount less $60,000 qualifying payroll].  The entire $10,000 qualify non-payroll expenses would be forgiven since the amount is within the 25% of the loan amount.  Thus, the total forgiveness is $70,000 [$60,000 qualifying payroll cost plus $10,000 qualifying non-payroll cost].

 

Test 2:  The Salary or Wage Reduction Test

The amount of loan forgiveness must be reduced if an employee’s salary or wage during the covered 8-week was reduced in excess of 25% of the base period wage used for loan application.  However, if the included employees’ wages are reinstated fully by June 30, 2020, then the salary or wage reduction is waived.  A notable open question in this area is the application of these provision in circumstances where an employee is terminated, quits, retires, is terminated, laid off or furloughed during the 8 week period and the borrow hires a new employee at the same total salary and wages on or before June 30, 2020 and whether that action eliminates the potential forgiveness reduction that would otherwise have occurred.

Example 2:

Company X has two employees, Jack and Smith.  The base period compensation was $10,000 for Jack and $15,000 for Smith.  Provided that Company X paid $10,000 to Jack during the covered 8-week period but was not able to rehire Smith.  First, in connection with Jack, the loan forgiveness will be reduced by $0 [Jack’s compensation in the amount of $10,000 during the 8-weeks exceeds 75% of the based period compensation of $10,000].  Second, in connection with Smith, the loan forgiveness will be reduced by $11,250 [$15,000 base period compensation x 75% less $0 compensation during the 8-weeks = $11,250]. 

 

Test 3:  The Full-Time Equivalent (“FTE”) Workforce Reduction Test

FTEs are employees working at least 30 hours per week.  Part-time employees, working less than 30 hours per week, can be combined based on hours they worked each week.  The amount of loan forgiveness must be reduced by multiplying the sum of payroll costs by the reduction in FTE from the covered 8-week to the based period FTE.  However, if the workforce is reinstated by June 30, 2020, no reduction is applied.  Note that the workforce reduction is applied to payroll costs after the salary and wage reduction.

Example 3:

The facts are the same as Examples 1 and 2 above, and Company X’s FTE for the base period is 100 and was decreased to 80 during the covered 8-week.  As shown above, the payroll cost subject to discharge is $60,000 and the non-payroll cost subject to discharge is $10,000.  The salary and wage reduction is $11,250.  The work force reduction is 80% [80 /100].  Then the workforce reduction amount is $11,750 [($60,000 + $10,000 - $11,250) x (1-80%) =$11,750].  Thus, out of the $100,000 PPP loan amount, Company X will be forgiven $47,000 [$60,000 qualifying payroll cost + $10,000 qualifying non-payroll cost - $11,250 salary and wage reduction – $11,750 workforce reduction].

Lastly, the maximum forgiveness amount for a PPP loan will be reduced dollar for dollar by the amount of any advance received under Economic Injury Disaster Loan program.

 

 

Main Street Lending Program

As some of us are waiting to see if additional funding will be made to the Paycheck Protection Program (“PPP”), businesses should seek for additional sources of financing to survive through the economic crisis resulting from the COVID-19 Pandemic.  On April 9, 2020, the Federal Reserves has unveiled details of a new program to loan money to small to midsize businesses – the Main Street Lending Program.

Unlike PPP loans, which may be forgiven if the borrowers meet certain requirements, this program is a traditional government backed loan with a low interest rate.  Businesses that have taken advantage of the PPP may also take out the Main Street loans.  Here are some key terms and eligibility of the program:

  • The program is available to any businesses with fewer than 10,000 employees or with revenue of less than $2.5 billion.
  • To be eligible, businesses need to have at least $250,000 in EBITDA with no debt, or a higher EBITDA threshold will apply to businesses with debt.
  • The borrower must maintain payroll and retain workers through the pandemic.
  • The borrower must meet all compensation, stock repurchase and dividend restrictions.
  • The loan amount is between $1 million to $10 million.
  • The repayment term for this program is four years with a variable interest rates, arranging from 2.5% to 4%.
  • Amortization of principal and interest deferred for one year.
  • Prepayment permitted without penalty.

If you are interested in participating in this program, contact your local lender.  Eligible lenders include U.S.-insured depository intuitions, U.S. bank holding companies and U.S. savings and loan holding companies.

Additional detail about the program can be found in the link below: https://www.federalreserve.gov/monetarypolicy/mainstreetlending.htm

CDTFA Relief & Extensions for Filing Returns (Korean version)

CDTFA 세금보고 연장혜택

세금보고 납세의 자동연장

캘리포니아 세금 및 수수료 관리국 (California Department of Tax and Fee Administration, CDTFA) 에서 세금이 $1 million dollars 미만인 납세자들에게 2020년도 3월 30 부터 7월 31일 사이에 한하여 보고 기한을 3개월 연장해주는 지침을 발표했다. 해당 지침은 Sales and Use Tax, Alcoholic Beverage Tax, Motor Vehicle Fuel Tax, and Cannabis Tax 와 같이 CDTFA에 보고하는 양식들에 해당한다. 연장 혜택은 해당하는 납세자들에게 자동으로 적용되기에 별도로 신청할 필요가 없다.

예를 들어, 분기별로 보고하는 납세자의 경우 2020년도 1분기 Sales and Use Tax 의 보고기한이 4월 30일 이다. 상기 연장 혜택은 해당 보고기한을 기존 4월 30일에서 7월 31로 연장한다. 또한 연장 혜택은 세금납부 기한에도 적용된다.

세금이 $1 million dollars 이상인 납세자의 경우 정해진 기한에 맞추어 세금보고 및 납세를 할 수 없는 경우 연장요청을 할 수 있다. 하지만, 해당 요청은 CDTFA 에서 케이스별로 판단하게 된다.

중소기업을 위한 납세 혜택

과세대상 연매출이 $5 million dollars 미만인 납세자들은 최대 $50,000의 Sales and Use Tax liability에 한하여 payment plan을 요청할 수 있다. 해당하는 납세들은 payment plan을 통하여 Sales and Use Tax liability를 이자와 패널티 없이 12개월에 걸쳐 분할 납부할 수 있으며, 첫 납부는 2020년 7월 31일까지 이루어 지지 않는다. 상기 payment plan은 CDTFA 홈페이지에서 신청할 수 있다.

자세한 내용은 https://www.cdtfa.ca.gov/services/covid19.htm#small-business-payment 에서 확인할 수 있다.

CDTFA Relief & Extensions for Filing Returns

Automatic Extensions to File and Pay

California Department of Tax and Fee Administration (CDTFA) announced that all taxpayers with tax liability less than $1 million dollars have an additional 3 months between March 30, 2020 and July 31, 2020 to file their returns including but not limited to Sales and Use Tax, Alcoholic Beverage Tax, Motor Vehicle Fuel Tax, and Cannabis Tax. The extension provided by the CDTFA is automatic, and qualifying taxpayers do not need to apply for it.

For instance, an original due date of Sales and Use Tax for the first quarter of 2020 was April 30, 2020 for quarterly filers. This extension postpones the due date from April 30, 2020 to July 31, 2020. The automatic extension also applies to the due date of tax payments.

Taxpayers with tax liability of $1 million dollars or more can still request an extension if they cannot timely file and pay their returns. However, this request will be evaluated by the CDTFA on a case-by-case basis.

Small Business Relief Payment Plan

Taxpayers with less than $5 million dollars in taxable annual sales can request a payment plan for up to $50,000 of Sales and Use Tax liability. The payment plan allows the qualifying taxpayers to defer the tax liability through an installment over a 12-month period without incurring any penalties or interests, with the first payment not due until July 31, 2020. The payment plan request needs to be submitted through CDTFA’s website.

Please refer to https://www.cdtfa.ca.gov/services/covid19.htm#small-business-payment for additional detail.