Just prior to the President’s signing of the bill adding additional funding to the PPP loan program, the SBA issued yet another set of Interim Final Rules, this set dealing with the eligibility of certain businesses to obtain such a loan, impact of ESOPs on affiliation rules, guidance for a business in bankruptcy, formalizing the May 7 repayment safe harbor first discussed in the April 23 addition of Q&A 31 to the PPP FAQ by the SBA and authorizing additional guidance to be posted directly on the SBA website.[1]

Following the furor over PPP loans being given to certain public companies and the tweets of Senator Marco Rubio[1] pointing towards the certification that he indicated required a showing of need to receive a PPP loan, the SBA has added a new question to their FAQ on PPP loans.[2]

The IRS has issued additional guidance related to a problem Connecticut homeowners had with deteriorating concrete foundations due to pyrrhotite in the concrete mixture in Announcement 2020-5.[1]

The IRS has introduced relief for individuals who, due to travel restrictions imposed during the COVID-19 crisis, will now end up meeting the “substantial presence test” and would otherwise be treated as U.S. residents under IRC §7701(b)(3). The relief is found in Revenue Procedure 2020-20.[1]

The IRS is providing procedures for individuals who are not otherwise required to file a return for 2019 to receive economic impact payments under the CARES Act in Revenue Procedure 2020-28.[1] Key are new procedures for those who wish to file an electronic return, but have not been able to because they have zero adjusted gross income, resulting in their return being rejected by the IRS electronic filing system.

The IRS has released guidance on dealing with the change in depreciation for qualified improvement property in Revenue Procedure 2020-25.[1]

The IRS has added additional information, primarily related to C corporation taxpayers, to the FAQ on the temporary procedures for filing Forms 1045 and 1139.[1]

The IRS first addresses whether a similar procedure will be set up for handling the amended corporate return form, Form 1120X. And the answer is simple—no.

The IRS has released proposed regulations[1] that would set the IRS portion of the preparer tax identification number (PTIN) fee per application at $21, down from the current $33 level.

Although it’s now well after a large number of affected businesses had already applied for a loan under the Payroll Protection Program, the SBA has released additional guidance that explains how the program works for Schedule C filers and partners in a partnership. A new interim final rule (IFR), “Business Loan Program Temporary Changes; Paycheck Protection Program – Additional Eligibility Criteria and Requirements for Certain Pledges of Loans,” contains this information.[1]

Some estate tax filings being sent to the IRS via private delivery services (PDS) got caught being in transit at the wrong time when the IRS closed its Kansas City Service Center due to the COVID-19 outbreak. When the packages arrived in Kansas City the Center was closed and, in many cases, the PDS returned the packages to the sender as undeliverable.

The IRS has issued an FAQ page on its website to explain to affected taxpayers how to deal with this situation.[1] The FAQ provides answers to three questions.

The CARES Act added provisions allowing taxpayers to carry net operating losses from 2018 and 2019 back five years, potentially giving affected taxpayers access to much needed cash by filing a claim for refund. And the IRS has issued guidance allowing the Forms 1045 and 1139 to be used to claim the refunds under the tentative refund procedures.

But there is a problem—those forms cannot be filed electronically, and the IRS is not processing paper filed forms at this time, as all Service Centers have now been closed for an indefinite period of time. In order to address this issue, the IRS has released on its website temporary procedures for filing Forms 1045 and 1139 by fax.[1]

Some taxpayers who elected to be “electing real property trades or businesses” based on the provisions of §163(j) prior to amendment by the CARES Act likely regretted their decisions once the Act retroactively changed the limit from 30% of adjusted taxable income to 50% of adjusted taxable income temporarily. The IRS is now giving those taxpayers a chance to undo that election based on guidance in Revenue Procedure 2020-22.[1]

As well, the Procedure covers other new elections that are part of the CARES Act to deal with the changes made by that Act to §163(j).

The IRS has released a set of frequently asked questions on the deferral of the employer’s share of the FICA Old Age Survivor’s and Disability insurance tax, a provision added by the CARES Act.[1] While summarizing the relief provided in the Act, the FAQ also provides answers to some questions that had been raised under the provision.

The IRS is moving to simplify the filing of net operating loss carryback claims to take advantage of the CARES Act revisions to NOL provisions, by extending for six months the time period a tentative carryback form (Forms 1045 and 1139) may be filed, per Notice 2020-26.[1]

The CARES Act restored the ability to carryback net operating losses temporarily. The loss carrybacks were restored for 2018, 2019 and 2020, with special provisions provided for electing to carry losses from 2018 and/or 2019 forward to take care of the problem that it was too late in many cases to timely elect to forego the carryback period. In Revenue Procedure 2020-24[1] the IRS has provided procedures for actions related to these net operating losses.

The IRS has again expanded due date relief in Notice 2020-23,[1] explicitly providing relief for forms that are filed with the Form 1040 (such as Schedule H) and more general relief for certain time sensitive acts that occur between April 1, 2020 and July 15, 2020.

The Notice provides the following relief:

The Secretary of the Treasury has determined that any person (as defined in section 7701(a)(1) of the Code) with a Federal taxpayment obligation specified in this section III.A (Specified Payment), or a Federal tax return or other form filing obligation specified in this section III.A (Specified Form), which is due to be performed(originally or pursuant to a valid extension) on or after April1, 2020,and before July 15, 2020,is affected by the COVID-19 emergency for purposes of the relief described in this section III (Affected Taxpayer).

The Small Business Administration has added two additional questions to the Paycheck Protection Program (PPP) Loans Frequently Asked Questions[1] page originally posted on April 6. The new version, dated April 8, discusses the use of a lender’s own promissory note and issues related to the beginning of the 8-week forgiveness period and the timing of funding the loan.

The Centralized Partnership Audit Regime (CPAR) added by the Bipartisan Budget Act of 2015 effectively barred partnerships that did not opt out of the regime from filing an amended return and sending out amended K-1s for prior years. Since many partnerships do not qualify to opt-out of the CPAR regime, a large number of partnerships had no ability to change a previously filed return once the period for filing a superseding return had passed.

This feature of the CPAR regime has now proved a major impediment to partners receiving the sort of retroactive benefits Congress added in the CARES Act, such as the use of bonus depreciation or a 15-year life on qualified improvement property. Recognizing the problem, the IRS has issued a Revenue Procedure allowing CPAR partnerships to temporarily file an amended Form 1065 and issue amended K-1s to partners (Revenue Procedure 2020-23).

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Some key additional information related to the Payroll Protection Program loans has been provided by the Small Business Administration in the evening of April 6, 2020. The agency posted an updated “Paycheck Protection Program Loans Frequently Asked Questions (FAQ)”[1] that addressed some questions that had been left unanswered by the original guidance.

This article looks at most of the items, but not all, contained in the FAQ. Most notably, the article doesn’t look at the special rules that may apply to some businesses that may expand this program to cover an employer that otherwise would seem excluded either under the 500 employee test or more general qualifications for participation in SBA programs. Those are found in the FAQ in questions 2 and 3.