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Recent Blog Posts

How Has the Paycheck Protection Program Changed in 2021?

 Posted on January 26, 2021 in Business Law

Elgin, IL small business attorney for PPP loansThe COVID-19 pandemic has had a huge impact on the U.S. economy. In many cases, small businesses have been hit the hardest. Many businesses have been forced to close, scale back their operations, or come up with new ways of completing essential business activities. This has in turn caused difficulties for people who have been laid off or forced to reduce the hours they can work and the amount they are able to earn. To address these ongoing problems, the federal government has passed economic stimulus and relief programs meant to help businesses continue operating and paying their employees. A law that was implemented at the end of 2020 may provide businesses with more opportunities to receive relief through the Paycheck Protection Program (PPP).

Relief for Businesses Through PPP Loans

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was passed in March of 2020, created the Paycheck Protection Program. Under this program, businesses that had been affected by the pandemic could obtain low-interest loans from the Small Business Administration (SBA), and these loans were forgivable, as long as a certain percentage of the balance was used to pay employee wages and other payroll costs.

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Payroll Tax Deferral May Help Employees Affected by COVID-19

 Posted on September 22, 2020 in Business Law

Kane County business law attorneysThe 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.

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Sexual Harassment Training Requirements Under the Workplace Transparency Act

 Posted on September 18, 2020 in Business Law

Kane County family law attorneysConcerns 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. 

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How Will the Paycheck Protection Program Flexibility Act Affect My Business?

 Posted on June 09, 2020 in Business Law

Kane County business law attorney for PPP loan forgivenessIn 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.

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The “CARES” Act -- Can it Help Your Business?

 Posted on March 30, 2020 in Business Law

Elgin small business attorney CARES act covid-19Over 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. 

Eligibility: 

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How Will the New Illinois Trust Code Affect Beneficiary Rights?

 Posted on January 09, 2020 in Estate Planning

Elgin trust administration attorneyThere are a variety of estate planning tools that a person can use to protect their assets and pass them on to beneficiaries. Trusts are some of the most powerful and flexible of these tools, allowing a trustmaker (also known as a “settlor”) to place assets in the control of a trustee, who will then distribute the assets to the beneficiaries according to the terms of the trust. There are certain requirements that must be met during the trust administration process, and trustees and beneficiaries should be sure to understand how recent changes to Illinois law will affect their rights and responsibilities.

The Illinois Trust Code

In 2019, the Illinois legislature passed the Illinois Trust Code (ITC), which took effect on January 1, 2020, replacing the Illinois Trusts and Trustees Act. This new law addresses the rights of trust beneficiaries in a number of ways, including:

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How Recent Rule Changes May Affect a Social Security Disability Claim

 Posted on June 25, 2019 in Personal Injury


Elgin business formation attorney LLCFor anyone who has suffered a personal injury, coping with the effects that it will have on their life can be incredibly difficult. This is especially true if the injury results in disability that affects a victim’s ability to work and earn an income. While it may be possible to recover compensation through a personal injury lawsuit, many people also rely on public benefits such as Social Security income (SSI) or Social Security disability income (SSDI). However, some recent changes to the rules followed by the Social Security Administration (SSA) may affect a person’s ability to receive Social Security disability benefits.

Updated regulations which went into effect in March of 2017 have changed some of the processes followed by the SSA in Social Security disability appeals hearings. These changes include:

Opinions of Treating Physicians

In a Social Security disability appeals hearing, an Administrative Law Judge (ALJ) is no longer required to give more weight to the opinion of the doctor who originally treated the claimant. Instead, an ALJ will consider the following factors:

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How Can a Special Needs Trust Benefit a Disabled Beneficiary?

 Posted on June 17, 2019 in Estate Planning

Elgin special needs trust lawyersOver the course of your life, you are likely to save money and acquire assets, and you will probably want to use these resources to provide for the needs of your loved ones. This is particularly true if you have any family members who are disabled or have special needs, since you will want to do everything you can to ensure that they will always be taken care of. However, simply gifting funds to a person or naming them as a beneficiary in your will can actually have some negative effects. To ensure that a beneficiary will continue to have the resources they need, you should consider passing your assets to them through a special needs trust. In some cases, you may also want to use this type of trust to provide for your own needs, especially as you reach an advanced age.

Public Benefits and Special Needs Trusts

A person with a disability will often be eligible to receive certain types of public aid, such as Medicare, Medicaid, public housing, Social Security Disability Insurance (SSDI), or Supplemental Security Income (SSI). However, this type of aid is only available if a person meets certain requirements. Typically, the total value of the assets they own must fall below a certain threshold, and they will be limited to a certain amount of income earned per month. If a person who receives any of these benefits is named as the beneficiary of significant assets, this could make them ineligible for one or more types of public benefits.

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Why Unmarried Couples Need a Cohabitation Agreement Before Buying Property

 Posted on June 10, 2019 in Family Law

Kane County cohabitation agreement attorneyThese days, more and more unmarried couples choose to live together instead of or before getting married. Consequently, they often buy property such as a house or a car together. However, unmarried couples do not fall under the same property division laws as married couples in Illinois. In order to protect both parties’ interests and assets in case of a breakup or death, it is important to have a formal agreement in place before buying property together. Often known as a cohabitation agreement, this type of arrangement is similar to a prenuptial agreement. When creating this type of agreement, an experienced family law attorney can ensure that all legal issues are addressed correctly.  

If a couple is not married, it can be easier to break up and “go their own way,” since they do not have to go through the legal proceedings involved with a divorce. However, the question of who gets what property in the separation can be a difficult and sometimes contentious decision. If only one name is on the mortgage or car loan, that person is solely responsible for the financial obligations that come with those types of loans, and they will typically remain the sole owner of that property, even if both parties participate in making loan payments. If two names are on a loan or title, both people are held accountable, and the couple may also need to decide between themselves how ownership will be handled when dividing any assets or property.

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What Is a Qualified Business Income Deduction?

 Posted on May 02, 2019 in Business Law

Kane County business tax deduction lawyer QBIOn 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. 

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