New COVID-19 relief legislation, along with extenders and spending authority necessary to keep the government open, has been signed by President Trump.
Key highlights from the new relief legislation include:
The legislation also delays the expiration of a number of provisions otherwise scheduled to expire, makes others permanent and provides for other changes in the tax laws.
Have questions about how to make the most of the new legislation and its impact on you?
Key Provisions in the COVID-19 Portion of the Legislation
Stimulus Checks: The IRS will issue $600 stimulus checks ($1,200 for married couples) plus an additional $600 for each dependent under the age of 17. The amount of the check will phase out at a 5% rate for individuals making over $75,000 per year or married couples making over $150,000 per year.
Round Two Paycheck Protection Plan (PPP) Loans: A second round of PPP loans will be available to businesses with 300 or fewer employees that have sustained a 25% gross revenue loss in any quarter of 2020 compared to the same quarter in 2019.
PPP Loan Forgiveness: For both rounds of PPP loans, additional expenditures will qualify in determining the portion of PPP loans forgiven, including:
PPP Loan Forgiveness Applications: For both rounds of PPP loans, simplified applications will be provided for loans of $150,000 or less, and lender banks will be held harmless provided they acted in good faith.
Deductibility of Expenses Paid with the Proceeds of Forgiven PPP Loans: No deduction will be denied, no tax attribute reduced, and no basis increase denied with respect to forgiven PPP loans. Forgiven PPP loans will be treated as tax-exempt income and an increase in basis allowed for partners and S corporation shareholders. These changes will be retroactive as if included in the original CARES Act legislation.
The PPP loan is complex and maximizing forgiveness is essential.
EIDL Grants: The CARES Act created emergency grants under the Economic Injury Disaster Loan (EIDL) program of up to $10,000. Taxpayers receiving an EIDL grant were required by the CARES Act to reduce any PPP loan forgiveness by the EIDL grant. This new legislation now provides that any EIDL grants do not reduce a borrower’s PPP loan forgiveness amount.
Extension and Expansion of the Employee Retention Tax Credit (ERC): The refundable ERC is extended through July 1, 2021. For calendar quarters beginning after December 31, 2020:
Retroactive to its inception, the ERC is expanded to allow employers who receive PPP loans to qualify for the ERC with respect to wages that are not paid with forgiven PPP proceeds and to include group health plan expenses even if no other wages are paid to the employee.
Extension of the Credit for Paid Sick and Family Leave Through March 31, 2021: While the mandate to provide paid leave is not extended and expires after December 31, 2020, the employer may still claim the credit if the employee would have qualified for mandated paid leave had the mandate been extended and the employer provides paid leave.
Unemployment Assistance: $300 per week of additional unemployment insurance assistance is provided for 11 weeks from the last week of December.
Deferred Employee Payroll Taxes: The repayment period for deferred employee payroll taxes is extended through the end of 2021.
Provisions Extending Expiring Provisions and Making Other Changes
Provisions made permanent include:
Provisions extended through 2025 include:
Provisions extended through 2023 include:
Most other extenders set to expire on December 31, 2020, have been extended until December 31, 2021. This will allow Congress time to further evaluate the need of these extenders. One of these extensions was the construction of new energy efficient homes.
The legislation also includes several new provisions, including: