The COVID-19 crisis has placed many businesses and their employees in difficult financial situations. Some businesses have had to close or limit their hours of operation, and many employees have been laid off or had their work hours reduced. While some government relief programs have provided aid to those who have been affected by these issues, many people are continuing to experience financial difficulties. A recent executive order may provide some help in this area by allowing employers to defer some of the taxes withheld from employees’ pay.

Social Security Tax Deferral

In August of 2020, President Trump issued an executive order that allows for the deferral of the 6.2% tax employees pay toward Social Security. This deferral will be allowed for wages earned between September 1 and December 31, 2020. To qualify for deferral, an employee must earn less than $4,000 in pre-tax income in a bi-weekly pay period.

While these payroll taxes may be deferred, this order does not provide for the forgiveness of any taxes owed. Deferred taxes will be collected between January 1 and April 30, 2021. During the deferral period, employees will receive a temporary boost in their take-home pay, but they will then see reduced paychecks in 2021 due to the deferred taxes being withheld from their pay along with all other applicable taxes.

Concerns about discrimination and harassment affect many employers and employees, and in response to these issues, the state of Illinois has passed the Workplace Transparency Act (WTA). This law went into effect on January 1, 2020, and in addition to addressing employment contracts and non-disclosure agreements, it has placed new requirements on employers regarding sexual harassment training that must be provided to employees. Business owners should be sure to understand these requirements and make sure they take the right steps to maintain compliance with the WTA.

When Will a Business Be Required to Provide Sexual Harassment Training?

The Workplace Transparency Act requires all employers with at least one employee to provide sexual harassment training to all staff members. This training must be completed by December 31, 2020, and it must also be provided on an annual basis to all employees. 

The training requirements apply to all employees who will be working in Illinois, including part-time workers, temporary or seasonal employees, and interns. While training is not required for independent contractors, the Illinois Department of Human Rights (IDHR) encourages employers to provide training for anyone who will be working at an employer’s office or interacting with their employees.

In response to the financial impact that the COVID-19 pandemic has had on many businesses, the U.S. Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March of 2020. One of the key provisions of this act was the ability for businesses to apply for forgivable loans through the Paycheck Protection Program (PPP). However, the restrictions and requirements for these loans had caused some difficulties for small business owners, and in response, Congress passed the Paycheck Protection Program Flexibility Act, and it was signed into law by President Trump on June 5. This act implemented a number of changes that will give businesses more options for using loan funds, obtaining forgiveness, and repaying loans.

Changes to the Paycheck Protection Program

Under the CARES Act, businesses could apply for a PPP loan, and they were required to spend the funds from these loans within eight weeks after receiving a loan. This time period has been modified to allow businesses to choose a reporting period of either 8 or 24 weeks. However, the 24-week period is from the loan origination date or until December 31, 2020, whichever is earlier (which may result in less than 24 weeks). This period can be used to restore a business’s workforce to pre-COVID-19 levels, and the deadline for doing so has been moved from June 30, 2020 to December 31, 2020. However, the deadline for applying for a PPP loan has not changed, and applications must be submitted by June 30, 2020.

If a business is unable to fully restore its workforce, there are some new exceptions that may apply that will still allow for forgiveness of PPP loans. These include provisions for businesses that are unable to rehire previous employees or other people with similar qualifications, as well as businesses that were unable to return to their previous level of business activity due to restrictions related to COVID-19.

Over the weekend, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides new programs and initiatives intended to assist small businesses, as well as certain non-profits and other employers.

Do You Need:

1. Capital to cover the cost of retaining employees?

Paycheck Protection Program (PPP) loans will provide cash-flow assistance to employers through 100% federally-guaranteed loans. The loans are available for employers are who maintaining their payroll during the coronavirus emergency and are eligible to be forgiven if the payroll is maintained. Borrowers are eligible for loan forgiveness for up to eight weeks of their payroll, depending on employee retention and salary levels. 

On Jan. 1, 2018, Section 199A was inserted into the Internal Revenue Service tax code as part of the Tax Cuts and Jobs Act. As stated in the code, Sec. 199A says sole proprietors, business partnerships, S corporations, and many trusts and estates could be eligible for a qualified business income (QBI) deduction. This lets qualifying taxpayers deduct a maximum of 20 percent of their QBI, in addition to 20 percent of qualified publicly traded partnership (PTP) income and real estate investment trust (REIT) dividends.

When the new law was announced, uncertainty remained as to what kinds of businesses would qualify for the deduction and the scope of its limitations. In January of this year, the IRS issued Publication 535, in which Chapter 12 addresses the QBI deduction. 

Here are some of the key points that answered questions which had lingered since the introduction of Sec. 199A last year. For a full examination of how Sec. 199A affects your business and taxes, contact an experienced business law attorney.