Covid Related Credits & Self Employment Savings

We appreciate Michael Finazzo of Brown, Smith and Settle, LLC and the Illinois Basin Professionals for putting together this presentation.

You can view the presentation here.

You can view the slides here. 

PPP Reopens Jan 11

SBA

WASHINGTON – The U.S. Small Business Administration, in consultation with the Treasury Department, announced today that the Paycheck Protection Program will re-open the week of January 11 for new borrowers and certain existing PPP borrowers. To promote access to capital, initially only community financial institutions will be able to make First Draw PPP Loans on Monday, January 11, and Second Draw PPP Loans on Wednesday, January 13.  The PPP will open to all participating lenders shortly thereafter. Updated PPP guidance outlining Program changes to enhance its effectiveness and accessibility was released on January 6 in accordance with the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act.

This round of the PPP continues to prioritize millions of Americans employed by small businesses by authorizing up to $284 billion toward job retention and certain other expenses through March 31, 2021, and by allowing certain existing PPP borrowers to apply for a Second Draw PPP Loan.

“The historically successful Paycheck Protection Program served as an economic lifeline to millions of small businesses and their employees when they needed it most,” said Administrator Jovita Carranza.  “Today’s guidance builds on the success of the program and adapts to the changing needs of small business owners by providing targeted relief and a simpler forgiveness process to ensure their path to recovery.”

“The Paycheck Protection Program has successfully provided 5.2 million loans worth $525 billion to America’s small businesses, supporting more than 51 million jobs,” said Treasury Secretary Steven T. Mnuchin.  “This updated guidance enhances the PPP’s targeted relief to small businesses most impacted by COVID-19.  We are committed to implementing this round of PPP quickly to continue supporting American small businesses and their workers.”

Key PPP updates include:

  • PPP borrowers can set their PPP loan’s covered period to be any length between 8 and 24 weeks to best meet their business needs;
  • PPP loans will cover additional expenses, including operations expenditures, property damage costs, supplier costs, and worker protection expenditures;
  • The Program’s eligibility is expanded to include 501(c)(6)s, housing cooperatives, direct marketing organizations, among other types of organizations;
  • The PPP provides greater flexibility for seasonal employees;
  • Certain existing PPP borrowers can request to modify their First Draw PPP Loan amount; and
  • Certain existing PPP borrowers are now eligible to apply for a Second Draw PPP Loan.

A borrower is generally eligible for a Second Draw PPP Loan if the borrower:

  • Previously received a First Draw PPP Loan and will or has used the full amount only for authorized uses;
  • Has no more than 300 employees; and
  • Can demonstrate at least a 25% reduction in gross receipts between comparable quarters in 2019 and 2020.

The new guidance released includes:

For more information on SBA’s assistance to small businesses, visit sba.gov/ppp or treasury.gov/cares.

Restore Illinois

The Governor’s office published this document on May 5, 2020. It outlines a public health approach to safely reopen our state. It is a 5 phase plan.

You can view the document here. 

Take Action: Trading Irregularities

Domestic Energy Producers Alliance

Make your voice count.

If your company was impacted by the trading irregularities on April 20, 2020, join us in demanding an immediate investigation.

We are asking that the Commodities Futures Trading Commission (CFTC) begin an investigation without delay of the WTI crude oil futures traded on the Chicago Mercantile Exchange (CME). The investigation needs to include the possibility of market manipulation, failed processes and systems or computer programing errors in the WTI prompt month of May 20 and oil contract futures on the CME. This can never be allowed to happen again.

Steps you can take now.

  1. File a complaint with the CME on behalf of your company.
  1. Reach out to the CFTC and ask them to investigate the CME.

We want to hear your story.

Additionally, we would appreciate hearing your personal stories about how you/your company have been impacted by the price crash and crude oil trading below $0. This includes job losses, layoffs, furloughs, budget cuts, amount of shut-in production, etc. Maintaining your anonymity, it is so important we have the statistics and data to share with policymakers so they understand the real-life impact this has had on our industry.

 

Click here to download a sample letter to CTCF Chairman Talbot

IOGA Letter to Illinois Department of Natural Resources

IOGA sent the following letter to Daniel Brennan and Ernest Kierbach at the Illinois Department of Natural Resources Office of Oil & Gas Resource Management. The letter expresses IOGA’s concern about low oil prices and requests that the IDNR consider a moratorium on the issuance of NNCs and NOVs.

Read the full letter here.

Daniel Brennan responded to IOGA following our letter. His response said the IDNR’s Office Oil and Gas Resource Management has instituted the following changes.

“As of April 1, 2020, for any matter that results in the issuance of a NNC, the permittee with be automatically granted an extension of the maximum time allowed to return the well, facility or site to compliance. Additionally, the Office is reviewing all relevant sections of the Illinois Oil and Gas Act (225 ILCS 725 et al.) and Illinois Administrative Code (62 Ill.Adm.Code 240 et al.) to determine how best to address all non-emergency violations.”

Read the full letter here.

Executive Order 18

This order extends the Executive Orders issued by Governor Pritzker, in response to COVID-19, until April 30th. We are still listed as an essential industry and will continue to update the ever-changing state of our state.

Paycheck Protection Program FAQs for Small Businesses

(Source: U.S. Senate Committee on Small Business and Entrepreneurship)

Where can I apply for the Paycheck Protection Program?

You can apply for the Paycheck Protection Program (PPP) at any lending institution that is approved to participate in the program through the existing U.S. Small Business Administration (SBA) 7(a) lending program and additional lenders approved by the Department of Treasury. This could be the bank you already use, or a nearby bank. There are thousands of banks that already participate in the SBA’s lending programs, including numerous community banks. You do not have to visit any government institution to apply for the program. You can call your bank or find SBA-approved lenders in your area through SBA’s online Lender Match tool. You can call your local Small Business Development Center or Women’s Business Center and they will provide free assistance and guide you to lenders.

Who is eligible for the loan?

You are eligible for a loan if you are a small business that employs 500 employees or fewer, or if your business is in an industry that has an employee-based size standard through SBA that is higher than 500 employees. In addition, if you are a restaurant, hotel, or a business that falls within the North American Industry Classification System (NAICS) code 72, “Accommodation and Food Services,” and each of your locations has 500 employees or fewer, you are eligible. Tribal businesses, 501(c)(19) veteran organizations, and 501(c)(3) nonprofits, including religious organizations, will be eligible for the program. Nonprofit organizations are subject to SBA’s affiliation standards. Independently owned franchises with under 500 employees, who are approved by SBA, are also eligible. Eligible franchises can be found through SBA’s Franchise Directory.

I am an independent contractor or gig economy worker, am I eligible?

Yes. Sole proprietors, independent contractors, gig economy workers, and self-employed individuals are all eligible for the Paycheck Protection Program.

What is the maximum amount I can borrow?

The amount any small business is eligible to borrow is 250 percent of their average monthly payroll expenses, up to a total of $10 million. This amount is intended to cover 8 weeks of payroll expenses and any additional amounts for making payments towards debt obligations. This 8 week period may be applied to any time frame between February 15, 2020 and June 30, 2020. Seasonal business expenses will be measured using a 12-week period beginning February 15, 2019, or March 1, 2019, whichever the seasonal employer chooses.

How can I use the money such that the loan will be forgiven?

The amount of principal that may be forgiven is equal to the sum of expenses for payroll, and existing interest payments on mortgages, rent payments, leases, and utility service agreements. Payroll costs include employee salaries (up to an annual rate of pay of $100,000), hourly wages and cash tips, paid sick or medical leave, and group health insurance premiums. If you would like to use the Paycheck Protection Program for other business-related expenses, like inventory, you can, but that portion of the loan will not be forgiven.

When is the loan forgiven?

The loan is forgiven at the end of the 8-week period after you take out the loan. Borrowers will work with lenders to verify covered expenses and the proper amount of forgiveness. What is the covered period of the loan? The covered period during which expenses can be forgiven extends from February 15, 2020 to June 30, 2020. Borrowers can choose which 8 weeks they want to count towards the covered period, which can start as early as February 15, 2020.

How much of my loan will be forgiven?

The purpose of the Paycheck Protection Program is to help you retain your employees, at their current base pay. If you keep all of your employees, the entirety of the loan will be forgiven. If you still lay off employees, the forgiveness will be reduced by the percent decrease in the number of employees. If your total payroll expenses on workers making less than $100,000 annually decreases by more than 25 percent, loan forgiveness will be reduced by the same amount. If you have already laid off some employees, you can still be forgiven for the full amount of your payroll cost if you rehire your employees by June 30, 2020.

Am I responsible for interest on the forgiven loan amount?

No, if the full principal of the PPP loan is forgiven, the borrower is not responsible for the interest accrued in the 8-week covered period. The remainder of the loan that is not forgiven will operate according to the loan terms agreed upon by you and the lender.

What are the interest rate and terms for the loan amount that is not forgiven?

The terms of the loan not forgiven may differ on a case-by-case basis. However, the maximum terms of the loan feature a 10-year term with interest capped at 4 percent and a 100 percent loan guarantee by the SBA. You will not have to pay any fees on the loan, and collateral requirements and personal guarantees are waived. Loan payments will be deferred for at least six months and up to one year starting at the origination of the loan.

When is the application deadline for the Paycheck Protection Program?

Applicants are eligible to apply for the PPP loan until June 30th, 2020.

I took out a bridge loan through my state, am I eligible to apply for the Paycheck Protection Program?

Yes, you can take out a state bridge loan and are still be eligible for the PPP loan.

If I have applied for, or received an Economic Injury Disaster Loan (EIDL) related to COVID19 before the Paycheck Protection Program became available, will I be able to refinance into a PPP loan?

Yes. If you received an EIDL loan related to COVID-19 between January 31, 2020 and the date at which the PPP becomes available, you would be able to refinance the EIDL into the PPP for loan forgiveness purposes. However, you may not take out an EIDL and a PPP for the same purposes. Remaining portions of the EIDL, for purposes other than those laid out in loan forgiveness terms for a PPP loan, would remain a loan. If you took advantage of an emergency EIDL grant award of up to $10,000, that amount would be subtracted from the amount forgiven under PPP.

Download the proposed application here.

Federal Legislative Update – CARES Act

Dan Reitz | IOGA Lobbyist

Federal: The U.S. Senate passed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act or the ‘‘CARES Act,’’ the nearly $2 trillion negotiated legislation responding to the coronavirus pandemic and effects on the economy. The House is scheduled to pass the legislation on Friday.

Some Highlights: The legislation continues to provide direct payments to individuals and families, over $350 billion in financial support for small business and additional financial assistance including direct grants through the Small Business Administration, and at least $454 billion of a $500 billion fund for any U.S. businesses, states, or cities for loans and loan guarantees under a new program administered by the U.S. Treasury and lending flexibilities established by the Federal Reserve. The legislation added specific oversight to this fund under an Inspector General appointed specifically for the purpose of auditing the relief funding. Additional specific relief within the $500 billion authorization provides $29 billion to passenger and cargo airlines and $17 billion for industries necessary to national security. The legislation provides over $200 billion in financial aid to local governments, $100 billion in financial assistance to hospitals, and another nearly $340 billion in funding for federal agencies.

There are a number of tax provisions in the legislation that will be of interest:

Section 2302. Delay of payment of employer payroll taxes – This provision allows employers and self-employed individuals to defer payment of the employer share of the Social Security tax they otherwise are responsible for paying to the federal government with respect to their employees for the rest of the year.

  • Employers generally are responsible for paying a 6.2-percent Social Security tax on employee wages. The provision requires that the deferred employment tax be paid over the following two years, with half of the amount required to be paid by December 31, 2021, and the other half by December 31, 2022.

Section 2303. Modifications for net operating losses – This provision relaxes the limitations on a company’s use of losses.

  • Net operating losses (NOL) are currently subject to a taxable-income limitation, and they cannot be carried back to reduce income in a prior tax year. The provision provides that an NOL arising in a tax year beginning in 2018, 2019, or 2020 can be carried back five years. The provision also temporarily removes the taxable income limitation to allow an NOL to fully offset income. These changes will allow companies to utilize losses and amend prior year returns, which will provide critical cash flow and liquidity during the COVID-19 emergency.

Section 2304. Modification of limitation on losses for taxpayers other than corporations – This provision modifies the loss limitation applicable to pass-through businesses and sole proprietors, so they can utilize excess business losses and access critical cash flow to maintain operations and payroll for their employees.

Section 2305. Modification of credit for prior year minimum tax liability of corporations – This provision allows companies to accelerate the timing to claim prior years AMT credit.

Section 2306. Modification of limitation on business interest – This provision temporarily increases the amount of interest expense businesses are allowed to deduct on their tax returns, by increasing the 30-percent limitation to 50 percent of taxable income (with adjustments) for 2019 and 2020.

  • As businesses look to weather the storm of the current crisis, this provision will allow them to increase liquidity with a reduced cost of capital, so that they are able to continue operations and keep employees on payroll.

Section 2301. Employee retention credit for employers subject to closure due to COVID-19 – This provision provides a refundable payroll tax credit for 50 percent of wages paid by certain employers to employees during the COVID-19 crisis. The credit is available to employers whose (1) operations were fully or partially suspended, due to a COVID-19-related shut-down order, or (2) gross receipts declined by more than 50 percent when compared to the same quarter in the prior year. The credit is based on qualified wages paid to the employee. For employers with greater than 100 full-time employees, qualified wages are wages paid to employees when they are not providing services due to the COVID-19-related circumstances described above. For eligible employers with 100 or fewer full-time employees, all employee wages qualify for the credit, whether the employer is open for business or subject to a shut-down order. The credit is provided for the first $10,000 of compensation, including health benefits, paid to an eligible employee. The credit is provided for wages paid or incurred from March 13, 2020, through December 31, 2020.

As of 3/26/2020

Illinois State Legislative Update

Dan Reitz | IOGA Lobbyist

The Illinois House has canceled session for the week of March 30. Committee deadline for House bills has been extended to April 24. 3rd reading deadline for House bills is now set for May 8. The Senate is following the same schedule. Both chambers were scheduled to be off the next two weeks. Legislators were told to be available in case they need to come back into session. Most legislators I have spoken to expect further cancellations.

The deadline for filing state taxes has been extended to July 15 to match the federal filing deadline.

As of 3/26/2020