Brief recap of key provisions of the CARES Act

Brief recap of key provisions of the CARES Act

Here is our brief recap of just some key provisions of the CARES Act, signed into law by President Trump This past Friday  March 27th, that may be of immediate help to you during these trying times.

The Paycheck Protection program is an SBA Loan program which offers loans for small businesses with fewer than 500 employees,  501(c)(3) non-profits with fewer than 500 workers and other businesses. The amount of the loan is up to the amounts paid for  Payroll, Mortgage interest, rent and utilities during the period, February 15th 2020 and June 30, 2020. The maximum loan amount under the Paycheck Protection Act is $10 million, with an interest rate no higher than 4%. No personal guarantee or collateral is required for the loan.  Small businesses that take out these loans can get some or all of their loans forgiven.

Businesses are eligible for an employee retention tax credit if 1.) your business operations were fully or partially suspended due to a COVID-19 shut-down order; or 2.) gross receipts declined by more than 50% compared to the same quarter in the prior year. Eligible businesses can get a refundable 50% tax credit on wages up to $10,000 per employee. The credit can be obtained on wages paid or incurred from March 13, 2020, through December 31, 2020.

Businesses and self-employed individuals can delay their payroll tax payments. These payments, the employer share of Social Security tax owed for 2020, can instead be deferred and paid over the next two years. Fifty percent must be paid by the end of 2021 and 50% must be paid by the end of 2022. (Note: The ability to defer these taxes does not apply to a business that has a Paycheck Protection loan forgiven.)

Businesses that have net operating losses (NOLs) have some limitations relaxed. If your business had an NOL in a tax year beginning in 2018, 2019, or 2020, that NOL can be now be carried back five years instead. This may improve cash flow and liquidity for some businesses. Pass-through businesses and sole proprietors will also be able to take advantage of the relaxed NOL limitations.

The CARES Act makes small changes to the Families First Coronavirus Response Act (FFCRA) in regards to paid sick leave, paid FMLA and more.

These changes include:

  • Paid family and medical leave (FMLA) under the FFCRA is capped at $200 per day and $10,000 total per employee.
  • Paid sick leave under the FFCRA is capped at $511 per day and $5,110 total per employee. This amount drops to $200 per day and $2000 total for sick leave taken by an employee in order to care for a family member in quarantine or care for a child whose school has closed.
  • Student loan payments are  suspended through September 30, 2020. Interest shall not accrue on the student loans during that time.

Contact us if you need guidance.

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