Because the nation opens up from the Covid-19 lockdown, the Small Enterprise Administration (SBA) continues to launch FAQs for the Paycheck Safety Program or PPP loans. But the extra info being launched is inflicting stress for each debtors and tax professionals alike.
“The guidance for the Paycheck Protection Program has to be the most disappointing aspect of the whole program,” says Brian Streig, Tax Director of Calhoun, Thomson + Matza, LLP, a CPA in Austin, Texas. “The US Treasury and Small Business Administration seem to keep coming out with rules that appear to be against the spirit of the legislation, if not in direct opposition to the legislation.”
This frustration is felt by tax professionals throughout the nation who’re making an attempt to assist information their purchasers to the utmost quantity of forgiveness. Many are discovering the present steering doesn’t present the fitting stage of flexibility to assist small companies and self-employed people succeed.
Nevertheless, a ray of hope has appeared on the panorama resulting from extra laws that’s poised to make clear points which have grow to be cloudy throughout the PPP course of. On Could 28, 2020, the Home of Representatives handed The Paycheck Safety Program Flexibility Act that might lengthen the forgiveness interval from Eight weeks to 24 weeks in addition to present extra flexibility in how the funds can be utilized. The invoice is anticipated to go the Senate shortly.
However with all of the challenges the PPP program has confronted to this point, the query turns into whether or not the common PPP borrower will have the ability to sift by the steering and discover loan forgiveness.
The Course of Continues To Baffle
One of many greatest frustrations in getting readability on PPP loan forgiveness is solely how info is being launched.
“As for the process as a whole, this is the most unsmooth rollout of a new tax law that I can remember. Not only was it released late at night, there was no notification or announcement from the Treasury or SBA that it was released,” says Steig.
Additional as soon as the loan forgiveness tips and software has been launched, many discovered that they merely created extra questions and is solely not person pleasant to debtors.
“The application states an average of 180 minutes to complete,” explains Eric Hjerpe, CPA and Managing Accomplice, Hjerpe & Tennison CPAs in Bloomington, Illinois. “But there are many holes in the application and unanswered questions that were not entirely cleared up with the Interim Final Rule. The SBA and Treasury can’t think of all the scenarios, but some standard guidance is necessary.”
But when tax professionals are annoyed, it may solely be tougher for PPP loan debtors who’re making an attempt to navigate this with out assist.
One other concern surrounds potential lack of equal remedy to all enterprise homeowners beneath the PPP guidelines.
“It does seem like the owners of different types of entities are being treated differently, such as a sole proprietor, a partner in a partnership, an S-Corp owner, and a C-Corp owner,” says Streig. “There are differences in the way the payroll is calculated for forgiveness and the amounts that can be forgiven.”
A few of the greatest issues middle on self-employed people and the way their forgiveness shall be calculated. Primarily based on present steering, self-employed people shall be forgiven for payroll 8/52 of the web Schedule C revenue from 2019. This equation displays the Eight weeks of revenue over the whole yr.
The utmost loan a self-employed particular person may have taken could be $20,833 as a result of $100,000 revenue cap on the PPP calculation. This implies beneath the present formulation, $15,835 might be forgiven as proprietor compensation. That leaves $5,448 to be allotted to different bills. These days, they won’t get credit score for well being care premiums or retirement plan contributions, in contrast to different small companies.
“Up to 25% for rent, utilities, interest but only if those amounts were listed on Schedule C,” factors out Hjerpe. “The question I have is those who received loans based on the guidance early on may be overfunded. Will the 75% rule count and thereby reduce forgiveness for the other amounts, given one of the statements by SBA was they wouldn’t fault those who received loans based on what guidance was in place at the time?”
The chance right here is the self-employed people may solely get credit score for taking payroll and find yourself with the remaining PPP monies as a 1% loan.
Streig advises, “It seems like additional clarification is needed so that owners are treated the same way regardless of the entity classification of their business.”
What’s On The Want Listing
Nevertheless, the tax group is conscious that extra steering is required. However they’re beginning to have readability on the place precisely that steering must be.
Hjerpe lays out a naked minimal of what he’s hoping to get from steering from the SBA. “We need to know what they mean by restoring payroll by 6/30. Is that a snapshot in time? Will they allow 10 weeks of payroll based on the guidance and application? Why no raises for owners when they are doing more work? What if your 30 days has passed on turning an employee in to state unemployment, do we have to count them?”
Others are extra hopeful that Congress may step in.
“One thing I would like to see is Congress clarify that the expenses used toward the loan forgiveness are deductible to the business. The Treasury and SBA will not address this issue again, so it will be up to Congress to make it clear,” says Streig. “Based on the original CARES Act, I don’t think Congress intended those expenses to not be deducted.”
The demand for better readability from PPP loan debtors and the tax group is rising. We have to hope that Congress and the SBA take the steps to guard those that took these loans to guard their companies.