On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). On April 24, 2020, the President signed the Paycheck Protection Program and Health Care Enhancement Act which provided additional funding. On June 5, 2020, the President signed the Paycheck Protection Program Flexibility Act of 2020
Blane Clark
SBA Updates its FAQ Regarding Good Faith Certification
By Blane Clark, Linda Clark & Dean Cazenave on
Posted in Business and Corporate, COVID-19
The Small Business Administration (“SBA”) issued an update to its “Frequently Asked Questions for Lenders and Borrowers for the Paycheck Protection Program,” adding question #46 and the response, which is recited below. For PPP loans of less than $2 million, the borrower will be “deemed to have made the required certification concerning the necessity of…
Eligible Self-Employed Individuals under the CARES Act
By Brian Carnie, Blane Clark & Linda Clark on
In addition to certain entities, independent contractors, sole proprietors and “eligible self-employed individuals” may be eligible to apply for a Paycheck Protection Program loan under the CARES Act.
What is an eligible self-employed individual? It is important to note that the statute did not refer to “self-employed individuals” which would have been very easy for…
April 7, 2020 Update to CARES Act and Paycheck Protection Program
By Dean Cazenave & Blane Clark on
Posted in Business and Corporate, COVID-19
- Calendar Year 2019 Payroll as Basis for Loan Amount (General Rule). If the borrower was in business for all of 2019, it may use the payroll costs for calendar year 2019 or the last 12 months prior to application (e.g., 4/1/19 – 3/31/20). April 6 guidance issued by the SBA provided:
In general, borrowers…
April 6, 2020 Update to CARES Act and Paycheck Protection Program
By Dean Cazenave & Blane Clark on
Posted in Business and Corporate, COVID-19
- Calendar Year 2019 Payroll as Basis for Loan Amount (General Rule). If the borrower was in business for all of 2019, the PPP loan application form suggests that the borrower must use the payroll costs for calendar year 2019 (even though this appears to conflict with the language in the CARES Act, which provided
…
CARES Act Offers Much Needed Hope to Small Businesses
By Dean Cazenave & Blane Clark on
Posted in Business and Corporate, COVID-19
Keenly aware of the enormous impact COVID-19 is having on small businesses throughout the country, in response, the Congress approved and on March 27, 2020, the President signed the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”). The CARES Act is intended, in part, to provide small businesses some much needed…
State Tax Nexus Issues
By Blane Clark & Matthew Meiners on
As companies expand their operation into foreign states, it is essential to determine the potential tax liability for conducting business in those jurisdictions. Although states differ as to their treatment of out-of-state taxpayers, all states are bound by the U.S. Constitution and federal law and jurisprudence, which require a nexus between a taxpayer and a…
Coffin Nailed Shut – No Limited Liability for S Corporation Shareholders
By Blane Clark on
Posted in Business and Corporate
The Third Circuit seems to think that shareholders of corporations that elect to be taxed as S Corporations have no limited liability. The good news is that the bizarre language to this effect is not relevant to the decision and therefore should not be treated as governing law or given any precedential value.
Continue Reading Coffin Nailed Shut – No Limited Liability for S Corporation Shareholders
One More Nail in the Coffin – The Single Business Enterprise Theory Rides Again
By Blane Clark on
A recent Third Circuit decision joined the long and growing list of cases supporting the Single Business Enterprise Theory exception to the long standing principle that corporations are separate and distinct legal entities apart from their shareholders and affiliated companies.
Continue Reading One More Nail in the Coffin – The Single Business Enterprise Theory Rides Again