The Small Business Administration issued an interim final rule (IFR) on August 24, 2020 to address applicability of owner compensation rules for minority interest owners and the eligibility of non payroll costs.

Certain owners exempt from PPP owner-employee compensation rule

The IFR provides guidance to borrowers relative to the applicability of owner-employee compensation rules.  Specifically, it exempts owners with less than a 5% ownership stake from applying the owner-employee compensation rule.  The exemption is intended to cover owner-employees who have no “meaningful” ability to influence decisions over how loan proceeds are allocated.  The exemption from the rule only applies to owner-employees of S or C corporations, not partnerships or limited liability companies.… Read More

President Trump signed four COVID-19 related executive orders on August 8, 2020 after Congress failed to pass economic relief legislation.  Included in the executive orders was a payroll tax deferral for American workers earning, generally, less than $100,000 on an annualized basis.  The order did not include details on implementation, repayment terms of the deferral, or other critical pieces of information needed to determine if businesses would participate.  On August 28^th, the Treasury Department and IRS issued further official guidance on the payroll tax deferral.

According to IRS Notice 2020-65, employers can defer the withholding, deposit, and payment of certain payroll taxes on wages paid from Sept.… Read More

The Small Business Administration updated their Paycheck Protection Program and Forgiveness related FAQ documents on August 11, 2020.  They also published an interim final rule (IFR) related to the appeal certain SBA loan review decisions.  We are reviewing the new IFR and will provide an overview of the content soon.

 The forgiveness FAQ responses provide long clarity regarding the impact on forgiveness of Economic Injury Disaster Loan (EIDL) grant advances.

Per the updated FAQ, lenders will be able to confirm the amount of a borrower’s EIDL advance on the SBA Forgiveness platform and the SBA will automatically deduct the amount from the forgiveness amount submitted by the borrower. … Read More

The Economic Development Administration announced the awarding of $35.5 million in CARES Act Recovery Assistance grants to capitalize and administer Revolving Loan Funds that will provide gap financing to small businesses and entrepreneurs adversely impacted by the COVID-19 pandemic.

Award funds must be disbursed and lent or used for administrative costs (as permitted by the authorized budget) within 24 months of the award start date. At the end of this period, EDA may recoup any unspent funds, which will be added to the funds available for new CARES Act awards.

The full announcement can be read HERE.

The EDA investments announced 8/3/2020 are:

• Regional Development Funding Corporation, Pittsburgh, Pennsylvania, will receive a $7.6 million EDA CARES Act Recovery Assistance grant to capitalize and administer a RLF to provide loans to coronavirus impacted small businesses in Allegheny County.

The U.S. Small Business Administration (SBA), in consultation with Treasury, released guidance Tuesday August 4, 2020 on a new Forgiveness focused FAQ document.  Over four sections, 23 frequently asked questions are addressed.

The four sections are outlined below with key highlights.  You can review the document in full HERE.

General Loan Forgiveness

There are 3 questions in this section.  The SBA clarifies that the 3508EZ or lender equivalent form should be used for sole proprietors, independent contractors, or self-employed individuals with no employees.  It also confirms that no payments are required from borrowers if their loans are fully forgiven and an application is filed timely.… Read More