JAK’s COVID-19 Business Continuity Plan
Amid growing concerns with the spread of COVID-19, we are committed to maintaining high-quality service and timely responses to your needs. Rest assured we have the infrastructure in place to do so. Our physical office will remain open and fully operational, however we will continue to observe the situation and adjust as needed. The health and safety of our employees, clients, and their families is a top priority during this time. For these reasons, we have implemented the following procedures:
We are reviewing the COVID-19 situation daily and are following recommendations from the World Health Organization (WHO), U.S. Centers for Disease Control and Prevention (CDC) and the Minnesota Department of Health (MDH)
Services will remain consistent:
Our business services and internal infrastructure support will continue and is designed to provide you with uninterrupted service. We have put a remote work plan in place for our staff. Most staff are now working remotely and remain available on their direct phone line, which you can find on our team page.
If you have an in-person meeting scheduled in the coming weeks, we will be in contact with you to determine if we should reschedule your meeting as a phone/video conference to minimize personal contact.
Pass-through entities calculation of payroll costs
Businesses should accumulate payroll costs based on the general guidelines. Specifically, compensation of owners who receive reportable wages (i.e. W-2 wages) should be included as payroll costs up to the $100,000 limit. Specifically, 2019 Form 941 taxable Medicare wages & tips should be added for each quarter plus any pre-tax employee contributions for health insurance or other fringe benefits excluded from taxable Medicare wages & tips should be used to calculate payroll costs. Employer health insurance contributions (portion of Form 1120-S line 18 attributable to health insurance), retirement contributions (Form 1120-S line 17) and employer state and local taxes assessed on employee compensation (from state quarterly wages reporting forms) should be included as payroll costs
Businesses should accumulate and report payroll costs based on the general guidelines as noted above. Additionally, guidance issued on April 14 states that payroll costs should also include the self-employment income of general active partners (subject to $100,000 compensation cap).
LLCs should follow the instructions that apply to their tax filing situation. For example, an LLC that is considered a disregarded entity should file an application as a self-employed person. If the LLC is electing to be taxed as a partnership, the guidance regarding partnerships/LLCs would apply in the calculation of payroll costs.
Calculation of payroll costs
Payroll costs are calculated on a gross basis without regard federal taxes imposed or withheld including FICA and Medicare. Payroll costs are not reduced by taxes imposed on an employee and are not increased by the employer’s share of payroll taxes.
Understanding payroll is not easy -even in the best of circumstances – and is even more challenging in light of the PPP loan requirements. We encourage you to work with the team at JAK to help you understand your business payroll.
Payroll costs consist of compensation to employees including salary, wages, commissions or similar compensation; cash tips or the equivalent; payment for leave; allowance for separation or dismissal; payment for employee benefits including group health care coverage and insurance premiums; retirement contributions, payment of state and local taxes assessed on the compensation of employees.
- The compensation of an employee whose principal place of residence is outside of the U.S.
- The compensation of an individual employee in excess of an annual salary of $100,000
The $100,000 cap applies only to cash compensation not to non-cash compensation such as retirement plans or group health care.
- Borrowers can calculate payroll costs using data either from the previous 12 months or from the 2019 calendar year.
- For seasonal businesses, the applicant may use average monthly payroll for the period between February 15 or March 1, 2019.
- June 30, 2019 or any consecutive 12-week period between May 1, 2019 and September 15, 2019. A business that was not in operation for that period may use the average monthly payroll costs for the period January 1, 2020 to February 29, 2020.
Payroll costs do not include payments to independent contractors. Independent contractors have the opportunity to apply for PPP funding.
All employees paid during the period of time selected are included in payroll costs and to determine head count for eligibility purposes.
In FAQs released by the SBA, they recognize that the payroll for employees in this arrangement will not be reported on Form 941 s for the borrower. The employees’ gross salary and benefits would be included as part of payroll costs when calculating the loan amount. For documentation, the SBA suggests providing Schedule R from Form 941 (an allocation schedule for aggregate Form 941 filers) or a statement from the payroll provider or PEO.
Self-employed individuals and independent contractors
The loan amount will be determined based on 2019 Form 1040 Schedule C line 31 net profit amount, up to $100,000. If the Schedule C shows a net loss, the allowed loan amount is zero.
The loan amount will be determined by the sum of the following:
2019 Form 1040 Schedule C line 31 net profit amount, limited to $100,000. If the Schedule C shows a net loss, then this amount is 0 Payroll costs as calculated above
Based on guidance provided, health insurance premiums and retirement contributions will be added to payroll costs for individuals with employees. For self-employed individuals with no employees, the loan amount is determined based on net profit from Form 1040 Schedule C .
Yes. Self-employed farmers (those reporting their net farm profit on Schedule F) should use Schedule F line 34 net farm profit to be used to determine their loan amount (rather than Schedule C line 31 net profit). Otherwise, the calculation of the loan amount is the determined in the same manner.
Forgiveness of loan
The 8 week period begins on the date the lender makes the first disbursement of the loan. The lender must make the first disbursement of the loan no later than 1 O calendar days from the date of the loan approval.
Payroll costs, health care benefits, mortgage interest payments, rent, utility, interest payments on debt incurred prior to February 15, 2020, and/or refinancing an SBA EIDL loan made between January 31, 2020 and April 3, 2020.
The CARES Act defines utilities in Sec.1106(a)(5) as electricity, gas, water, transportation, telephone or internet access for service which began prior to February 15, 2020. Further guidance released added gas used when driving a business vehicle. Other common utilities such as garbage collection or security monitoring may also be classified as a utility, but a business should confirm with the lending institution.
The CARES Act uses the standard of “full-time equivalent employees” to determine whether loan forgiveness must be reduced in the measurement period.
- Owner compensation replacement (calculated based on 8/52 of 2019 net profit from Form 1040 Schedule C) Employee payroll costs (as defined by the interim rule)
- Business mortgage interest payments on real/personal property
- Business rent payments
- Business utility payments
- Interest payments on debt obligations incurred before February 15, 2020
- Refinancing an SBA EIDL loan made between January 31, 2020 and April 3, 2020
Note: The individual must have claimed or be entitled to claim a deduction for the included expenses on 2019 Form 1040 Schedule C
The amount of the loan forgiveness will depend on the amount spent during the 8 week period on: Payroll costs as defined by the interim rule (does not include benefits for owners)
Owner compensation replacement (limited to 8/52 of 2019 net profit and excluding any qualified sick or family leave equivalent amount for which a credit was claimed under FFCRA)
- Interest payments on mortgage obligations for real/personal property incurred before February 15, 2020
- Rent payments on lease agreements in force before February 15, 2020
- Utility payments under service agreements dated before February 15, 2020
Note: For interest, rent and utility payments, the amounts must be deductible on Form 1040 Schedule C.
At least 75% of the loan proceeds must be used for payroll costs. If salaries decrease by more than 25% for any employee who made less than $100,000 annualized in 2019 OR if the number of FTEs decreases, the forgiveness amount will be reduced. A loan calculator to assist in the determination of the forgiveness amount will be coming soon.
A decrease in wages of more than 25% will decrease forgiveness and wages is capped at an annualized rate of $100,000 per employee. The current guidance does not prevent an increase in pay in the form of a short term pay increase, hazard pay or bonus.
Based on current guidance, the covered 8-week period starts when the loan is funded. If the borrower is not able to operate or is operating at a limited capacity when the PPP loan proceeds are received, the borrower may choose to pay employees who are not able to work. This choice may be made to help the borrower maximize loan forgiveness as current guidance states that not more than 25% of the loan forgiveness amount may be attributable to non-payroll costs.
IRS Notice 2020-32 was issued on April 30, 2020 to state that no deduction is allowed for an expense that is otherwise deductible if the payment of the expense results in forgiveness of a PPP loan. The AICPA recently submitted a letter of support for legislation that would clarify that the receipt and forgiveness of Coronavirus assistance through the PPP does not affect the deductibility of ordinary business expenses.
This has not been specifically addressed in guidance released as of April 29, 2020. Based upon guidance received to date, related party rents are allowed subject to the 25% limit for expenses other than payroll.
2020 Tax Season FAQ’s
All questions address tax changes as a result of COVID-19. All are subject to change as this is an ever evolving environment.
The IRS added a “where is my economic impact payment” function to their website so individuals can log on to see expecting timing of deposit as well as last 4 digits of the bank account the IRS plans to deposit the funds into. Visit the link here.
- Only log in once per day.
- The information is updated overnight and not changed during the day.
- If you log in multiple times you can be locked out of the system.
If you log in multiple times you can be locked out of the system.
- Minnesota: June 15
- Federal: July 15
- July 15th amounts are due by the time prescribed by law for filing the return not including extensions (IRC 219(f)(3)) so when the time to file is changed the time for funding is changed.
- July 15th without an extension.
- Extended due date with an extension.
The answer is no. Partner, Todd Koch explains in the video below.
Understanding how to reconcile the stimulus payment can be confusing. In the video below, Partner, Todd Koch explains what you need to know and if you are at risk of having to pay money back.
Due to COVID-19 tax filing and payment deadlines have shifted. We encourage you to check back to this page often for the latest news. For now, however, July 15th is the date when tax returns are due. Partner Todd Koch has the details in this video:
Even though the filing deadline has been extended, we strongly encourage clients to file now. Partner Todd Koch explains why below.
This is a great question, since the CARES Act has changed RMDs for 2020. It really depends on when you withdrew the money. Partner Todd Koch explains in the video below.
Deadlines for Filing Tax Returns and Payments
2020 deadlines for filing tax returns and payments have been updated due to COVID-19. Please check with your JAK accountant if you have any questions, and be sure to check back here for the latest updates.
The Federal and Minnesota tax deadline has been extended to July 15, 2020. This also includes any 2019 payments. Be aware that all states have not made this decision. You may request an extension for filing your Federal and Minnesota 2019 tax returns by July 15, 2020.
2020 Estimated Payment Due Dates
Federal estimated quarterly payments are due as follows:
- 1st & 2nd qtr due July 15
- 3rd qtr due September 15
- 4th qtr due January 15, 2021
Minnesota estimated quarterly payments are due as follows:
- 1st qtr due April 15
- 2nd qtr due June 15
- 3rd qtr due September 15
- 4th qtr due January 15, 2021
This situation will continue to evolve. We will adjust and update you as we know more. If you have any questions, please reach out to any of us directly. You can also email firstname.lastname@example.org or call our main office number 651-641-1099. Together we will get through this!
These will be updated as often as possible as information changes.
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