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MEMBER OF ALLINIAL GLOBAL, AN ASSOCIATION OF LEGALLY INDEPENDENT FIRMS © 2020 Wolf & Company, P.C. New Guidance: Accounting for PPP Loan Forgiveness June 4, 2020

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Page 1: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

MEMBER OF ALLINIAL GLOBAL, AN ASSOCIATION OF LEGALLY INDEPENDENT FIRMS © 2020 Wolf & Company, P.C.

New Guidance: Accounting for

PPP Loan Forgiveness

June 4, 2020

Page 2: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

• Today’s presentation slides can be downloaded at

www.wolfandco.com/webinars/2020

• The session will last about one hour

• Our audience will be muted during the session

• Please send your questions in using the “Q & A” box located at the

bottom of your screen

• For up-to-date and educational information on how the

COVID-19 pandemic is impacting businesses, please visit

Wolf’s COVID-19 Resource Center2

Housekeeping

Page 3: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

About Wolf & Company, P.C.

• Established in 1911

• We offer Audit, Tax, Risk Management, and Business Consulting services in several industries,

including:

o Financial Institutions

o Healthcare

o Investment Management

o Manufacturing, Distribution, and Retail

o Technology

• Offices located in:

o Boston, MA

o Springfield, MA

o Albany, NY

o Livingston, NJ

• Over 250 professionals

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Page 4: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

Presenters

CYNTHIA R. BOEHMER, JDWolfPAC Compliance Manager

Wolf & Company, P.C.

Direct: (617) 933-3340

[email protected]

MICHAEL C. STRAVIN, CPA, MSTPrincipal

Wolf & Company, P.C.

Direct: (617) 428-5404

[email protected]

DANIEL F. MORRILL, CPAPrincipal

Wolf & Company, P.C.

Direct: (413) 726-6857

[email protected]

Page 5: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

• Overview

• The application

• Q & A

Indicates a change made by the Paycheck Protection Program

Flexibility Act of 2020 passed by the Senate on June 3, 2020.

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Agenda

Page 6: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

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Overview

Page 7: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

• Paycheck Protection Program

• Affiliation Rules

• Additional Eligibility Criteria and

Requirements for Certain Pledges of Loans

for the Paycheck Protection Program

• Promissory Notes, Authorizations, Affiliation,

and Eligibility

• Seasonal Employers

• Disbursements

• Requirements – Corporate Groups and Non-

Bank and Non-Insured Depository Institution

Lenders

• Nondiscrimination and Additional Eligibility

Criteria

• Extension of Limited Safe Harbor with

Respect to Certification Concerning Need for

PPP Loan Request

• Requirements for Loan Increases for

Partnerships or Seasonal Employers

• Eligibility of Certain Electric Cooperatives

• Treatment of Entities with Foreign Affiliateso Note: This IFR is being posted in advance of

publication in the Federal Register. The official version

will appear in the Federal Register

• Second Extension of Limited Safe Harbor with

Respect to Certification Concerning Need for

PPP Loan and Lender Reportingo Note: This IFR is being posted in advance of

publication in the Federal Register. The official version

will appear in the Federal Register

• Requirements – Loan Forgivenesso Note: This IFR is being posted in advance of

publication in the Federal Register. The official version

will appear in the Federal Register

• SBA Loan Review Procedures and Related

Borrower and Lender Responsibilities7

Overview

Paycheck Protection Program Interim Final Rules

• SBA has issued several Interim Final Rules related to the Paycheck Protection Program (below)

• SBA and Treasury have issued a Q & A document

Page 8: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

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Overview

Borrower

• Completes application and submits with required documentation

Lender

• Has 60 days to issue a decision on forgiveness to SBA

SBA

• Has 90 days to remit forgiven amount to lender (assuming no review)

General Process for Forgiveness

Page 9: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

What is a lender required to review and confirm?

• Receipt of the borrower certifications contained in the Loan Forgiveness Application

• Receipt of the documentation to aid in verifying payroll and non-payroll costs

• The borrower’s calculations on the borrower’s Loan Forgiveness Application by reviewing

the documentation submitted with the Loan Forgiveness Application

o See rule for specific items

• The borrower made the calculation on Line 10 of the Loan Forgiveness Calculation Form

correctly, by dividing the borrower’s Eligible Payroll Costs claimed on Line 1 by 0.75

Lenders are expected to perform a good-faith review, in a reasonable time, of the borrower’s

calculations and supporting documents concerning amounts eligible for loan forgiveness.

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Overview

Page 10: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

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The Application

• Covered period

o 8 weeks from date of

disbursement

• Alternate payroll covered

period

o The 8-week (56-day)

period that begins on

the first day of the first

pay period following

the date of

disbursement

• Extended to 24 weeks in

the PPP Flexibility Act

Page 11: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

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The Application

• To be eligible for

loan forgiveness,

60% of the loan

amount must be

used for payroll

costs (creates a

cliff)

• 75% of loan

forgiveness must

be attributable to

payroll costs

Page 12: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

• Payroll costs paid or incurred during the covered period (or alternate covered period)

are eligible for forgiveness

o Payroll costs are considered paid on the day that paychecks are distributed or the borrower

originates an ACH credit transaction

• Documentation required to be submitted:

o Bank account statements or third-party payroll service provider reports

o Tax forms (or equivalent third-party payroll service provider reports) for the periods that

overlap with the Covered Period or the Alternative Payroll Covered Period

o Payment receipts, cancelled checks, or account statements documenting the amount of any

employer contributions to employee health insurance and retirement plans that the Borrower

included in the forgiveness amount (PPP Schedule A, lines (6) and (7))

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Line 1 – Payroll Costs

Page 13: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

• Eligible payroll costs for an “owner-employee” = lesser of:

o Prorated share (8/52) of 2019 payroll costs (includes health insurance & retirement)

o $15,385

• Eligible payroll costs for a partner = lesser of:

o 92.35% of net earnings from self-employment reduced by Section 179 deduction,

unreimbursed partnership expenses, and oil/gas depletion

o $15,385

• Amounts includable in partnership payroll costs

o Guaranteed payments for services

o Draws of distributive shares of ordinary business income/(loss)

• Health insurance and retirement contributions paid on behalf of partners are

excluded from partnership payroll costs

• No definitive guidance for documentation of amounts paid to partners

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Line 1 – Payroll Costs

Page 14: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

• Eligible payroll cost for independent contractors, sole proprietors, or members of a single-

member LLC = “owner compensation replacement”

o 8/52 x net profit reported on 2019 Schedule C (line 31)

− Net profit capped at $100,000 = maximum qualifying amount of $15,385

o Heath insurance and retirement contributions are excluded

o Excludes Qualified Sick Leave Equivalent Amount and Qualified Family Leave Equivalent

Amount for which income tax credits are claimed under Families First Coronavirus Response

Act

o No definitive guidance for documentation of “owner compensation replacement” = 2019

Schedule C

• Non-payroll costs for independent contractors, sole proprietors, or members of a single-

member LLC must have been claimed, or been eligible to be claimed, as a deduction on

2019 Schedule C

o Business mortgage interest = Schedule C line 16a/16b

o Business rent or lease payments = Schedule C line 20a/20b

o Business utility payments = Schedule C line 25 14

Line 1 – Payroll Costs

Page 15: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

• Business mortgage interest payments

o Paid or incurred during covered period

o Cannot be prepaid

• Business rent or lease payments

• Business utility payments (electric, gas, water, transportation, phone, internet)

o Paid or incurred during covered period

− Example: A borrower’s covered period begins on June 1 and ends on July 26. The borrower pays its

May and June electricity bill during the covered period and pays its July electricity bill on August 10,

which is the next regular billing date. The borrower may seek loan forgiveness for its May and

June electricity bills, because they were paid during the covered period. In addition, the

borrower may seek loan forgiveness for the portion of its July electricity bill through July 26

(the end of the covered period), because it was incurred during the covered period and paid on the

next regular billing date.

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Lines 2, 3, and 4

Page 16: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

Documentation to be submitted

• Business mortgage interest payments

o Copy of lender amortization schedule and receipts or cancelled checks verifying eligible

payments from the Covered Period

o Lender account statements from February 2020, and the months of the Covered Period,

through one month after the end of the Covered Period verifying interest amounts and eligible

payments

• Business rent or lease payments

o Copy of current lease agreement and receipts or cancelled checks verifying eligible

payments from the Covered Period

o Lessor account statements from February 2020, and from the Covered Period, through one

month after the end of the Covered Period verifying eligible payments

• Business utility payments

o Copy of invoices from February 2020, and those paid during the Covered Period, and

receipts, cancelled checks, or account statements verifying those eligible payments 16

Lines 2, 3, and 4

Page 17: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

Total loan forgiveness may be reduced if either:

• There is a reduction in your Full Time Equivalent Employee’s (FTE’s) during the 8-week

covered period (or alternative covered period) in comparison with reference period, as

defined

o FTE’s - 40 plus hours = 1; 30 hours = .75, etc.

o Simplified method - full time (40 hours) = 1, part-time = .50

• There is a reduction in salary/hourly wage on an employee basis

o Comparison of all employees with < $100K in wages in 2019 with most recent full quarter that

employee was employed

o For each employee whose salary/hourly wage decreased by more than 25%, there is a

corresponding decrease in forgiveness amount

• “Safe Harbor” extended to December 31, 202017

Lines 5, 6, and 7

Page 18: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

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Lines 5, 6, and 7

• Added a clause that eliminates the proportionate reduction in loan forgiveness based on FTE’s if the business is able, in good

faith, to document:

o Inability to rehire individuals who were employees on February 15, 2020 and wasn’t able to hire a similarly qualified

individual to fill the position

o Inability to return to the same level of business activity as such business was operating at before February 15, 2020 due

to compliance with requirements or guidance issued by the Secretary of Health and Human Services, the Director of the

Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration during the period

beginning on March 1, 2020 and ending December 31, 2020, related to the maintenance of standards for sanitation,

social distancing, or any other worker or customer safety requirement related to COVID-19

Page 19: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

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Lines 5, 6, and 7

Page 20: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

Q & A

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Page 21: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

Contact Us

CYNTHIA R. BOEHMER, JDWolfPAC Compliance Manager

Wolf & Company, P.C.

Direct: (617) 933-3340

[email protected]

MICHAEL C. STRAVIN, CPA, MSTPrincipal

Wolf & Company, P.C.

Direct: (617) 428-5404

[email protected]

DANIEL F. MORRILL, CPAPrincipal

Wolf & Company, P.C.

Direct: (413) 726-6857

[email protected]

Page 22: June 4, 2020 · Respect to Certification Concerning Need for PPP Loan Request ... o Business rent or lease payments = Schedule C line 20a/20b ... gas, water, transportation, phone,

If you have further questions, please

send them to [email protected].

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We also invite you to explore

Wolf’s COVID-19 Resource Center

for up-to-date information.