• Justin Anthony 
• Brecken Denler 
• Robert Axson
• Christy Woodruff 
• John Shelton 
• Christian Fong 

• The eight-week period for loan forgiveness begins immediately when the loan is issued.

• The Paycheck Protection Program’s definition of payroll costs expressly excludes: federal employment taxes imposed or withheld between February 15, 2020 and June 30, 2020, including the employee’s and employer’s share of FICA and Railroad Retirement Act taxes, and income taxes required to be withheld from employees.
• Federal employment taxes falling outside of these dates can be included in payroll costs used to determine the total possible loan amount but not for determining what expenses can be forgiven.
• Additionally, if employers who do not receive loan forgiveness under the Payroll Protection Program, they may defer payment of the 6.2% employer’s share of the Social Security payroll tax on wages paid from March 27, 2020 through December 31, 2020.  50% of the deferred tax is due by December 31, 2021, and the remaining 50% is due by December 31, 2022.

• Documentation
• Those applying for these loans should submit SBA Form 2483 (Paycheck Protection Program Application Form) and such documentation as is necessary to establish their eligibility: e.g., payroll processor records, payroll tax filings, or Form 1099- MISC, or income and expenses from a sole proprietorship. For borrowers that do not have any such documentation, the borrower must provide other supporting documentation, such as bank records, sufficient to demonstrate the qualifying payroll amount.
• Those applying for forgiveness of these loans will have to document the proceeds used toward payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities (not more than 25 percent of the forgiven amount may be for non-payroll costs).

• Entities applying for these loans:
• Must have been in operation on February 15, 2020.
• Have 500 or fewer employees whose principal place of residence is in the United States, or be a business meeting the applicable SBA employee-based size standards. (Businesses are subject to the SBA’s affiliation rules, except restaurants and hotels which are limited to no more than 500 employees per physical location.)
• Must make a good faith certification that “current economic uncertainty makes this loan request necessary to support the ongoing operations of the applicant” and that “the funds will be used to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments; I understand that if the funds are knowingly used for unauthorized purposes, the federal government may hold me legally liable such as for charges of fraud.”
• 501(c)(3)s and 501(c)(19)s at or below 500 employees, plus sole proprietors, independent contractors, and self-employed individuals are also eligible.

• You can deny either of the paid leave requirements if the employee is not eligible for the leave (for example, if they are currently furloughed or is able to telework and refuses to do so).  However, if the employee believes they have wrongly been denied paid leave, they may call the Department of Labor’s Wage and Hour Division. If your business has more than 50 employees, they may file a lawsuit without first contacting the Wage and Hour Division.  Unfortunately, the Department of Labor guidelines do not provide a safe harbor for determining eligibility.
• See Questions 44-46 on IRS FAQs document

• See Questions 58 and 59 in the Department of Labor’s FAQs. 
• The Department of Labor requests that businesses not send documentation to them.