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SBA Introduces Necessity Questionnaires for PPP Forgiveness

By: Robert A. Greising and Corben A. Lee on November 4, 2020

On October 30, 2020, the SBA released two additional questionnaires that will need to be submitted by for-profit and non-profit PPP borrowers as part of their loan forgiveness applications. This follows a notice issued by the SBA on October 28 in the Federal Register indicating that the SBA was…

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USDA Approves Indiana State Hemp Plan for Commercial Growth

By: Kendall A. Schnurpel on October 27, 2020

On October 22, 2020, the United States Department of Agriculture (“USDA”) approved the Indiana State Hemp Plan (the “Plan”), allowing hemp growers to grow and process hemp commercially in Indiana without obtaining the previously required university research affiliation. Applications for the 2021…

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Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield

By: Shelley M. Jackson, Robert A. Greising, and Virginia A. Talley on October 20, 2020

On July 16, 2020, the Court of Justice of the European Union (CJEU) in Luxembourg issued its long-anticipated decision in the case of Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). The decision concludes two years of litigation of a complaint initiated by Austrian privacy…

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SBA Guidance on Change of Ownership for PPP Borrowers

By: Robert A. Greising and Corben A. Lee on October 8, 2020

On October 2, 2020, a Procedural Notice issued by the SBA (the “Notice”) became effective that provides information and procedures addressing requirements for approval of changes of ownership for an entity that has received funds under the Paycheck Protection Program (“PPP”). The Notice put in…

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Businesses That File Indiana Sales and Withholding Taxes Must Transition Accounts to New Indiana Department of Revenue System Starting September 8, 2020

By: Kendall A. Schnurpel and Judy L. Woods on September 8, 2020

Background

In early September 2019, the IDOR launched the first of four rollouts of a tax modernization project, Project NextDOR, and is launching Phase 2 this month. Project NextDOR’s new technology includes INTIME, a new online e-services portal which will enable Indiana taxpayers to manage their…

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IRS Confirms Payroll Tax Deferral Not Mandatory

By: Kendall A. Schnurpel on September 4, 2020

In its monthly payroll industry teleconference held on September 3, 2020, the Internal Revenue Service (IRS) confirmed that the payroll tax deferral of the employee portion of the FICA tax described in IRS Notice 2020-65 is not required. Employers may choose to exercise the deferral option but are…

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SEC Updates Private Placement “Accredited Investor” Definition

By: Robert A. Greising, , and Corben A. Lee on September 3, 2020

On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments (the “Amendments”) to the private placement definition of “accredited investor” in Regulation D under the Securities Act of 1933 (the “Securities Act”).  The SEC’s primary objective of the Amendments is to…

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IRS Issues Guidance Related to President Trump's Memorandum on Social Security Tax Deferral

By: Kendall A. Schnurpel on September 1, 2020

Background

In his “Memorandum for the Secretary of the Treasury,” dated August 8, 2020 (the “Memorandum”), President Trump directed the Secretary to defer the withholding, deposit, and payment of the employee portion of the FICA tax (i.e., the 6.2% social security tax) paid during the period of…

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SBA Issues New Guidance on Loan Forgiveness

By: Robert A. Greising and Corben A. Lee on August 7, 2020

On August 4, 2020, the SBA issued guidance in the form of new FAQs regarding loan forgiveness applications for the Paycheck Protection Program. The guidance comes out in anticipation of the SBA accepting loan forgiveness applications beginning August 10, 2020. The FAQs mostly reinforce previously…

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PPP Loan Application Deadline: Saturday, August 8, 2020

By: Robert A. Greising and Corben A. Lee on August 4, 2020

Small businesses that are interested in applying for a Payroll Protection Program loan (“PPP Loan”) have until this Saturday, August 8th, to submit their loan application. As of August 3rd, over $130 billion in PPP Loan funds are still available, and unless an extension from Congress is approved…

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Paycheck Protection Program - Possible Extended Life

By: Robert A. Greising and Corben A. Lee on June 30, 2020

Last night, the United States Senate passed legislation by unanimous consent to extend the deadline for borrowers to apply for funds under the Paycheck Protection Program (“PPP”) from June 30, 2020, until August 8, 2020. The legislation will need to be passed in the House of Representatives and…

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Tax-Exempt Organizations Should be Prepared to File and Pay the Section 4960 Excise Tax on Executive Compensation by July 15, 2020

By: Kendall A. Schnurpel and Sharon B. Hearn on June 29, 2020

The Tax Cut and Jobs Act of 2017 (“TCJA”) added Section 4960 to the Internal Revenue Code (the “Code”), which imposes a new 21% excise tax on compensation paid by certain tax-exempt organizations and related parties (the “Excise Tax”). In December of 2018, the Internal Revenue Service (“IRS”)…

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