UPDATE: Paycheck Protection Program Flexibility Act

President Trump has signed into law the Paycheck Protection Program Flexibility Act. This law will:

  • Relax rules under the Paycheck Protection Program to give borrowers up to 24 weeks instead of 8 weeks to spend the funds;  
  • Give borrowers more flexibility in how the money is spent by reducing the amount of the loan required to be used on payroll expenses from 75% to 60% and still be eligible for loan forgiveness;
  • Extend the minimum loan repayment term from 2 years to 5 years for loans that are not forgiven;  
  • Allow borrowers to defer payroll taxes without penalty and still be eligible for loan forgiveness; and extend the rehiring safe harbor to from June 30, 2020 to December 31, 2020.

We will update this information as we receive formal guidance and updates in the coming weeks.

Stimulus Checks received on behalf of deceased taxpayer

The IRS recently released additional information on their Economic Impact Payment (EIP) Information Center webpage regarding the eligibility of deceased taxpayers. The updated information addresses payments issued to deceased taxpayers declaring their ineligibility of the EIP (Q10) and how to return funds (Q41). Please note IRS FAQs are not legal authority or formal guidance and can change at any time.  In addition, the FAQs do not address how or when enforcement of the repayment will be handled.  Considering the language used within the FAQs, that the payment “should be returned” rather than “must be” or “is required to be returned”, recipients of these payments, on behalf of deceased taxpayers, may want to consider holding off taking immediate action until further authoritative guidance is made available.  We will continue to monitor the updates and information as it is made available. For those clients with specific questions related to their situation, please call the office to speak with one of our tax professionals.

https://www.irs.gov/coronavirus/economic-impact-payment-information-center

Recovery Rebates for Individuals

The IRS has updated guidance related to the rebates under the CARES Act. Payments will be made initially based on a qualifying individual’s most recently filed tax return (2018 or 2019). The payment is an advance on a refundable credit on your 2020 return. Individuals who otherwise do not qualify for the credit based on phase out limits on their 2018 or 2019 return may find that income on their 2020 return results in receiving the rebate when they file in 2021.

Rebates equal $1,200 per qualifying individual plus $500 for each qualifying child (generally children under 17 who qualify for the child tax credit). Phase outs begin when AGI exceeds: $75,000 for individuals; $112,500 for head of household; and $150,000 for joint filers.

Additional information is available at the IRS website including updates for how to change your direct deposit information or payment method.

https://www.irs.gov/newsroom/economic-impact-payments-what-you-need-to-know

IRS provides penalty relief for underpayment of 2018 individual taxes

The IRS has announced that it is waiving the estimated tax penalty for many taxpayers whose 2018 federal income tax withholding and estimated tax payments fell short of their total tax liability for the year. The relief, announced in IR-2019-03, is prompted by changes in the Tax Cuts and Jobs Act (TCJA). This waiver covers taxpayers whose total withholding and estimated tax payments are equal to or greater than 85% of their taxes owed. For waiver purposes only, this new relief lowers the 90 percent threshold to 85 percent. This means that a taxpayer will not owe a penalty if they paid at least 85 percent of their total 2018 tax liability. If the taxpayer paid less than 85 percent then they are not eligible for the waiver and the penalty will be calculated as it normally would be using the 90 percent threshold. Refer to Notice 2019-11 for further details. The waiver computation will be integrated into a future update of UltraTax/1040 including the revised Form 2210 once released by the IRS.