SBA Relief Options for Vermont Attorneys
Presented by: Vermont Association for Justice & Vermont Bar Association
SBA Relief Options for Vermont Attorneys Presented by: Vermont - - PowerPoint PPT Presentation
SBA Relief Options for Vermont Attorneys Presented by: Vermont Association for Justice & Vermont Bar Association Cassandra LaRae-Perez Special Counsel JD, Boston University School of Law BA, University of California, San Diego Leiden
SBA Relief Options for Vermont Attorneys
Presented by: Vermont Association for Justice & Vermont Bar Association
Cassandra LaRae-Perez Special Counsel
JD, Boston University School of Law BA, University of California, San Diego
An experienced litigator, regulatory and business attorney across a range of industries, Cassandra has tailored her practice for New England’s food and beverage producers, most of which are small- and medium-sized companies. She also heads Gravel & Shea’s Intellectual Property practice, managing a global trademark portfolio spanning more than 50 countries. https://www.gravelshea.com/category/covid-19/
claraeperez@gravelshea.com 802-658-0220
As partner in charge of tax service, John coordinates tax compliance and planning services to individuals and small and medium-size businesses. He works closely with clients to develop strategies to improve their companies' performance. He serves professional service firms, manufacturing concerns, contractors, hospitality, and distribution businesses. His expertise includes:
EDUCATION BS, University of Vermont ABV – AICPA’s Accreditation in Business Valuation PROFESSIONAL AFFILIATIONS Member - American Institute of Certified Public Accountants Member of Vermont Society of CPAs Treasurer, Howard Center
John McSoley, CPA McSoley McCoy & Co. 118 Tilley Drive, Suite 202 South Burlington, VT, 05403 Phone: 802-658-1808 Email: jmcsoley@cpavt.com
Disclaimer: This is not legal advice. Do not rely on it. These are the personal observations of the participants, who have been kind enough to help out in a time of crisis. Please refer to original official government resources for the final word. Information is being updated daily. We will share links. Please use the capable Vermonters who are willing and able to help, get you the $$$ that you need to carry on. Procedure: Please ask questions in the chat function.
Selection of the COVID-19 events leading to legislation
First confirmed COVID-19 case in the US
First case of suspected local transmission in the U.S.
First Death in the U.S.
President Trump declares National Emergency Governor Scott declares State of Emergency and National Guard Call-out
Vermont schools closed
Prohibition of mass gatherings >50, in-person restaurant/bar services
Closure of Close-Contact Businesses, gatherings >10 people, require CDC guidance to ensure social distancing for businesses that remain open
Work from home for all “non-essential” businesses/non-profits
Vermont Stay/Home Stay Safe Order (until 4/15)
Quarantine Restrictions on Travelers Arriving in Vermont (until 4/15)
Governor Scott announces that April 15 deadline will be extended
Economist Art Woolf: “The state labor department received 14,784 claims for unemployment last week. The huge spike in claims came in the wake of coronavirus-related layoffs. “Michael Harrington, interim commissioner, told lawmakers Thursday that the total number of claims — processed and unprocessed — is an all-time record.”
Selection of the COVID-19 Legislation
P.L. 116-123 deems COVID-19 Outbreak a declarable disaster under the Small Business Act
Families First Coronavirus Bill (effective April 2) Dramatically expands FMLA, giving 12 weeks job-protected leave for COVID-19-related reasons (e.g., caring for children when schools have closed); provides up to 80 hours of paid sick leave for employees unable to work for COVID-19-related reasons; employers must pay for the benefits but receive tax credits to compensate.
Vermont passes its COVID-19 Relief Measures, H.681 and H.742 H.681 addresses safe conduct of public meetings and elections H.742 significantly broadens availability of unemployment benefits to persons who are unable to work due to reasons related to COVID-19 and exempts certain benefits from employers’ experience ratings.
CARES Act
Coronavirus Aid, Relief and Economic Security Act (“CARES Act”)
Purpose Keeping Workers Paid and Employed; Health Care System Enhancements; and Economic Stabilization $2T allocated
$377 billion for small business
Coronavirus Aid, Relief and Economic Security Act (“CARES Act”)
Title I Keeping workers Paid and Employed Act
Paycheck Protection Program Loan forgiveness Emergency (EIDL) grants
Title II Assistance for American Workers, Families and Businesses
Unemployment Insurance Provisions, 2020 recovery rebates, special rules for retirement funds, exclusion for employer payments of student loans, employee retention tax credit, other tax relief
Title III Supporting America’s Health Care System in the Fight Against the Coronavirus Title IV Economic Stabilization and Assistance to Severely Distressed Sectors of the United States Economy Title V Coronavirus Relief Funds
Paycheck Protection Program Creates a new loan program primarily for the purpose of keeping businesses afloat and workers employed and paid during this period of economic shutdown. Available loan amounts are calculated from pre-pandemic monthly payroll costs and some or all of the loan may be forgiven and paid for by the US Government. Expansion of the SBA Disaster Loan Program Expansion of the existing SBA Disaster Loan Program (Emergency Economic Injury Disaster Loan (“EIDL”) Program) Requirements have been relaxed or waived so that businesses can access funding more quickly The Program allows for a grant for up to $10,000, which is to be disbursed within 3 days of the application – before the application is decided - and which does not have to be paid back.
https://www.sba.gov/page/disaster-loan-applications * Business Loan Application (Form 5) / Sole Proprietor Loan App * Economic Injury Disaster Loan Supporting Information Form
application is pending
the applicant is an eligible entity by accepting a self-certification from the applicant under penalty of perjury.
denied
Who can apply?
If I am a nonprofit, but I am not a 501(c)(3), can I apply for an Emergency EIDL?
granting tax exemption under sections 501(c), (d), or (e) of the Internal Revenue Code of 1954, or if you can provide satisfactory evidence from the State that the non-revenue producing organization or entity is a non-profit one organized or doing business under State law.”
https://accd.vermont.gov/covid-19/business/economic-injury-disaster-loans-and-emergency-economic- injury-grants
entitled (less any amount covered by insurance or by other source)
SBA encourages you to apply again and representatives have said it won’t disturb your place in the queue
“Covered Period” is January 31, 2020- December 31, 2020 Eligible uses: Ordinary operating expenses:
Rules have been relaxed or waived
Personal guarantees ARE NOT REQUIRED on advances and loans of $200,000 or less
Businesses do not have to have been in operation 1 year prior to the disaster (Feb 15, 2020)
Don’t have to show that applicant is unable to find credit elsewhere Lenders can approve applicants based solely on credit scores or “alternative appropriate methods to determine an applicant’s ability to repay.” Tax returns are not required. Everything can be submitted online through the application portal
https://www.sba.gov/page/disaster-loan-applications
Paycheck Protection Program (“PPP”)
Overview
which that loan was extended must be different from the purposes of the PPP loan – no double-dipping
Paycheck Protection Program (“PPP”)
How is my maximum loan amount calculated? Lesser of:
is made
but before the date of this loan may be refinanced and added to the maximum loan amount.
Paycheck Protection Program (“PPP”)
What are “payroll costs”?
period) is excluded from the calculation.
First, that is qualified sick and family leave wages for which a credit is allowed under the Families First Coronavirus Response Act
Salaries and wages Severance payments Commissions Group health benefits/insurance premiums Cash Retirement benefits Paid leave (parental, family, medical or sick) State and local payroll taxes (but not federal) Compensation paid to independent contractors Compensation paid to sole proprietors
Paycheck Protection Program (“PPP”)
What can I use the loan proceeds for?
Funds can be used to pay the operating costs during the eight (8) week period following the loan, including Payroll costs (up to $100K per employee) Group health care benefits and insurance premiums Mortgage interest Rent/lease agreements Utilities costs Interest on other debt that preceded the loan Not all of these uses can be forgiven
Paycheck Protection Program (“PPP”)
Who is eligible?
Eligibility has been greatly expanded:
concern with no more than the greater of
you paid salaries and payroll taxes or paid independent contractors as reported on a Form 1099-MISC
Paycheck Protection Program (“PPP”)
Are law firms eligible?
Payroll costs includes compensation to employees
severance payments; payment for group health benefits, including insurance premiums; retirement benefits; state and local payroll taxes; and compensation to sole proprietors or independent contractors (including commission-based compensation) but not more than $100,000 per employee per year, as pro-rated for the covered period.
the covered period,” is excluded. Also excluded: compensation of employees who live outside the U.S., and qualified sick or family leave wages covered under Families First.
Paycheck Protection Program (“PPP”)
Who is ineligible?
Any business whose activity is illegal under federal, state or local law Household employers employing household employees If an owner of 20 percent or more of the equity is incarcerated, on probation, parole, has been convicted of a felony in the last five years (this is not exhaustive) You have ever obtained a direct or guaranteed loan from SBA or other federal agency that is delinquent or has defaulted in the last 7 years For more, see https://www.sba.gov/partners/lenders/7a-loan-program/terms-conditions- eligibility#section-header-19. Except note that at this link, nonprofits would be determined to be ineligible and that is not the case for the PPP
Paycheck Protection Program (“PPP”)
How much of the loan will be forgiven?
be forgiven, but
salaries/wages that is not restored before June 30, 2020
Paycheck Protection Program (“PPP”)
Forgivable expenses
Payroll costs (up to $100K per employee) Mortgage interest (if mortgage originated before 2/15/2020) Rent/lease agreements (if lease in force before 2/15/2020) Utilities costs (e.g., electricity, gas, water, phone, internet, if service began before 2/15/2020) The Treasury has advised that because of the likely “high subscription” and limited ability of funds, likely not more than 25% of the forgiven amount will be allowed for non-payroll costs
Paycheck Protection Program (“PPP”)
Forgiven amounts are reduced if you have reduced your workforce
Divide The number of employees* employed during the 8-week period following the loan by The average number of employees*, either: February 15, 2019 – June 30, 2019
January 1, 2020 – February 29, 2020
February 15, 2019 – June 30, 2019 *average number of full-time equivalent employees
Paycheck Protection Program (“PPP”)
Forgiven amounts are reduced if you have decreased wages and salaries Reductions are not applied to compensation reductions for employees earning $100,000 per year or more Reductions are not applied for wage reductions of 25% or less of the employee’s wage or salary during the employee’s most recent full quarter of employment before February 15, 2020 Reductions are applied for every dollar exceeding that amount
Paycheck Protection Program (“PPP”)
Forgiveness eligibility is RESTORED if The reduction in employees was implemented between February 15, 2020 and April 27, 2020 and you rehire employs by June 30, 2020 so that the numbers are the same (Does not have to be the same employees) The reduction in salary or wages was implemented between February 15, 2020 and April 27, 2020 and you eliminated the reduction by June 30, 2020
Paycheck Protection Program (“PPP”)
Proceeds from an emergency disaster relief loan refinanced under this program are also forgivable if they were not expended for duplicate expenditures or injuries but advances received under the emergency loan is excluded from the forgiveness amount (because it was already forgiven)
Paycheck Protection Program (“PPP”)
Documentation required to apply for forgiveness
made;
Documentation is mandatory. No forgiveness shall be granted without the above documentation
Paycheck Protection Program (“PPP”)
Forgiven amounts not taxed
Paycheck Protection Program (“PPP”)
The amounts not forgiven
Paycheck Protection Program (“PPP”)
Where do I apply for the loan?
When will the loan program start? The loan program commenced April 3, for small business and sole proprietorships For independent contractors and self-employed, will begin April 10 Applications are available through your lender but can also be obtained online
Paycheck Protection Program (“PPP”)
Other considerations
(and that you understand you are liable for fraud if the funds are used for other purposes)
31, 2020 for the same purposes, nor is an application pending, and that
payroll tax filings and income and expenses
Paycheck Protection Program (“PPP”)
Other considerations, cont’d
individuals
Paycheck Protection Program (“PPP”)
Other considerations
you can appeal the decision to the SBA’s Office of Hearings and Appeals
Emergency Economic Injury Disaster Loan: https://covid19relief.sba.gov/#/ SBA Application https://www.sba.gov/document/sba-form--paycheck-protection-program-borrower- application-form SBA Interim Final Rule https://www.sba.gov/document/policy-guidance--ppp-interim-final-rule US Treasury Fact Sheet on PPP Loans https://home.treasury.gov/system/files/136/PPP--Fact-Sheet.pdf
Other forms of relief in the CARES Act
Loan Payment Subsidies Tax Credits and Benefits to Encourage Retention of Employees and Wages Assistance to Individuals
months
deferment period.
Refundable credit allowed against payroll tax liability for each calendar quarter an amount equal to 50% of qualified wages of each employee
Requirements:
year
Qualified wages: For employers with more than 100 FTEs, only employees who are currently not working due to COVID-19 causes are eligible for the credit; for employers with fewer than 100 FTE,
Due date for payment of payroll taxes delayed and payable over two years Includes changes to treatment of losses and increases the limitation on business expense deductions.
Payments to tax payers $1200 ($2400 for joint filers) for individuals and $500 for each child Expansion of unemployment insurance programs $600 per week added to current state benefits for four months until July 31 State unemployment benefits to be extended by an additional 13 weeks until December 31, 2020 IRA contribution and plan contribution deadlines are extended to July 15 And the individual income tax filing deadline is also extended to July 15 Employees can borrow up to $100K from their 401(k) or 403(b) plans without penalty until September 28, 2020. Payments on existing loans also extended. May spread the reported income over 3 years for tax purposes and if repaid within 3 years, no tax consequences
Student loans
▪ Student loan payments made by employers up to $5,250 (between March 27 and December 31) may be excluded from the employee’s gross income
▪ Federal Student Loan Payment and Interest Accrual Suspended until September 30, 2020
▪ Impact of Tax Filing Deadline Extension
Unemployment Benefits H.742, §30: employer not charged
The experience-rating record of an employer is not charged for benefits paid to an individual under any of the following conditions: The individual voluntarily separated from employment because:
because diagnosed with COVID-19,
H.742, §30: employer not charged
(continued)
H.742, §30: employer not charged
by health-care provider or the government, IF family member diagnosed, or experiencing symptoms, or exposed to COVID-19,
care has been closed or unavailable
completely, in response to government directive,
(continued)
H.742, §30: employer not charged
completely, in response to government directive, IF employer rehires individual within a reasonable time after employer resumes operation
H.742, §31: employee not disqualified
if individual left employment
exposed, or in a high risk group
because diagnosed, exposed, at high risk
H.742, §31: employee not disqualified
pandemic
Additional $600/week in benefits
Federal CARES Act provides a supplemental benefit of $600 per week in unemployment benefits. Key advice from VT Dept. of Labor is that even (former) part-time employees are entitled to the extra $600. See transcript of Friday BDCC webinar at 14:04
“We verified this in the legislation that if you are part-time like very part-time and you might only be eligible for a very, very tiny bit of unemployment, you will still get the full $600 per week.” https://otter.ai/s/vnk4RRS9S06AlSIlKirneg
Employee retention credit A refundable credit against payroll tax liability equal to 50% of the first $10,000 in wages per employee
Delay of Employer Payroll Taxes Due date for depositing employer payroll taxes postponed. Deferred amounts payable over two years Other changes
Treatment of losses Corporate AMT Credits Limitation on Business Interest Expense Excise Tax Exemption for Hand Sanitizer
Changes to Paid Sick Leave and Family Leave Provisions from Families First Act The Emergency Paid Sick Leave Act (EPSLA) entitles workers to up to 80 hours of paid sick time when they are unable to work for certain reasons related to COVID-19, and the Emergency Family and Medical Leave Expansion Act (Expanded FMLA) entitles workers to certain paid family and medical leave. Families First provides that employers subject to EPSLA Expanded FMLA paid leave requirements are entitled to fully refundable tax credits For more visit: https://www.gravelshea.com/2020/03/client-bulletin-employer-tax-credit-for-wages-paid-under- the-families-first-coronavirus-response-act/ https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-required-paid-leave-provided-by- small-and-midsize-businesses-faqs https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
Relief for Key Economic Industries $25 billion in loans and loan guarantees for air carriers $4 billion in loans and loan guarantees for cargo air carriers $17 billion in loans and loan guarantees for businesses critical to maintaining national security $454 billion to support the lending structure
Mid-size business loans Interest rate not to exceed 2% Principal and interest payments delayed by six months or longer Borrower must commit not to buy back stock or pay dividends for at least one year Maintain or restore 90% of its workforce (measured from February 15) Restore employees’ compensation within 4 months after the termination of the national emergency plus other requirements
Foreclosure moratorium and a Right to Request Forbearance Eviction Protection Credit Reporting Relief
VBA Resources https://www.vtbar.org/UserFiles/files/COVID%2019/Resource%20Page.pdf#page=2 H.742: https://legislature.vermont.gov/bill/status/2020/H.742 (unemployment is §§ 31-32 starting at p. 31 Dept of Labor webinars:
self-employed
services-and-rapid-response
https://otter.ai/s/DAVADEtZTiisEGybLRV7kw
Brattleboro Development Credit Corp. webinar every Friday at 2:15 (excellent, highly recommended): https://brattleborodevelopment.com/weekly-resiliency-webinars/
https://otter.ai/s/vnk4RRS9S06AlSIlKirneg
Free streaming
Cassandra LaRae-Perez claraeperez@gravelshea.com 802-658-0220 Ted Hobson Ted.Hobson@Vermont.gov 802-489-7151 Daniel Emanuele CWS Daniel.Emanuele@MascomaBank.com 603-443-8703 John McSoley, CPA jmcsoley@cpavt.com 802-658-1808