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IRS Issues Safe Harbor Regarding Deductibility of Certain Eligible Expenses Paid or Incurred in 2020 by Taxpayers that Received...

If you filed your 2020 tax return prior to December 27, 2020 when the Consolidated Appropriations Act of 2021 (the “CAA”) was enacted and therefore did not deduct certain expenses due to your Paycheck Protection Program...more

Employee Retention Tax Credits: Another Potential Benefit for Economically Challenged Businesses

After the passage of the CARES Act last year, the clear focus of small businesses was on the Paycheck Protection Program (the “PPP”). A slightly less reported feature was the tax credit available for the retention of...more

PPP Part II – An Early Present to Small Businesses

Congress has passed the long-awaited bipartisan stimulus package on December 21, 2020 which is expected to be signed by the President. Included in this package are significant changes to the existing Paycheck Protection...more

PPP: SBA Provides Process for a Change of Ownership

On October 2, 2020, the SBA provided notice to PPP lenders regarding the process by which PPP borrowers may undertake a “change of ownership” while a loan is outstanding. Previously there was little guidance provided to...more

Important PPP Clarifications on Owner-Employee Compensation Rules and Rent Forgiveness

With many PPP borrowers now working their way through the intricacies of the forgiveness calculations and related analysis, the SBA and Treasury Department announced on August 24, 2020 new clarifications on certain aspects of...more

Moving Forward to the “New Normal”: PPP Update – Focus on Forgiveness

With the time period for processing a Paycheck Protection Program (PPP) loan with the SBA ending on June 30, borrowers are now focused on the process of applying for loan forgiveness. On June 25, we were joined by SBA Deputy...more

Revised PPP Loan Forgiveness Applications – Two for the Price of One

On June 16, 2020, the SBA released a revised form of Loan Forgiveness Application, which incorporates the changes provided in the PPP Flexibility Act that we previously discussed, as well as a new “EZ” form intended to...more

Congress Approves Significant Changes to PPP: What Borrowers Need to Know

On May 28, the House of Representatives passed legislation that amends certain provisions of the Paycheck Protection Program (PPP) largely in an effort to extend the period by which borrowers are permitted to use the proceeds...more

New PPP Interim Final Rules Clarify Forgiveness Calculation and Loan Review Process

On May 22, 2020, the Treasury Department and SBA issued two new Interim Final Rules applicable to the Paycheck Protection Program (PPP), one primarily focused on details related to the forgiveness calculation and one...more

UPDATE: A Few More Steps (and a New Calculator!) for Forgiveness – SBA Releases PPP Forgiveness Application

On May 15, the SBA released its standard application that borrowers must complete to receive partial or full forgiveness for loans issued pursuant to the Paycheck Protection Program (PPP). Consequently, we have substantially...more

PPP Good Faith Certification Safe Harbor Announced by SBA

On May 13, the SBA published FAQ #46 in its continuing list of frequently asked questions, regarding the review of borrower’s good faith certification of the necessity of their loan request. Notably, the SBA announced that...more

Treasury Secretary and SBA Signal Increased Scrutiny of PPP Loan Borrowers

With the spate of high-profile companies receiving public backlash after obtaining loan proceeds from the Paycheck Protection Program (PPP), on April 23 the SBA added item #31 (followed by item #37 on April 28) to its...more

Main Street Lending Facilities – Eligibility and Terms for PE/VC-Backed Companies

On April 9, the Treasury Department and the Federal Reserve announced two new lending facilities to provide capital to small- and medium-sized businesses. The Main Street New Loan Facility (the “New Loan Facility”) will...more

Steps Private Equity and Venture Capital-Backed Companies Should Consider Taking for PPP Eligibility

Despite assertions from Congressional leaders on both sides of the aisle that the affiliation rules would be waived for applicants with outside minority investors, additional SBA guidance only provided relief for faith-based...more

3 Steps (and a Calculator) to Help Determine Forgiveness for our PPP Loan

The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. The loan amounts will be forgiven in its entirety as long as:...more

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