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COVID-19 Resource Center

COVID-19 Resource Center

The Latest from NAPEO

UPDATED 5/24/2020 11:16am

*NEW* PPP Loan Forgiveness Guidance Released. SBA and Treasury have released the long awaited guidance on loan forgiveness under the Paycheck Protection Program, as well as guidance for lenders on the process for reviewing loan-forgiveness applications.  Much of the information was already reflected in the previously released loan forgiveness application and instructions.  However, there are a few new items to consider.  The Groom Law Group has provided a highlight of these items and a summary of the guidance.
PPP Loan Forgiveness Guidance
PPP Loan Forgiveness Guidance for Lenders
Summary of PPP Loan Forgiveness Guidance
NAPEO Alert on PPP Loan Forgiveness Guidance

*NEW* The US Chamber of Commerce has developed a reopening resource center which includes several resources including a checklist specific to small business, sector-specific guidance, and a standardized employee screening form.

*NEW* Cushman & Wakefield have prepared a guide on preparing to reopen your workplace. You can access the guide and other resources, including a webinar on the topic, here

*NEW* The CDC has released a 60-page document that is the most extensive guidance issued to date by the health agency. The document includes specific guidance for reopening child care centers, schools, businesses, restaurants and public transit. You can view the guidance here

The Small Business Administration has released new data on loan approvals through the Paycheck Protection Program (PPP). More than 4.3 million loans have been approved totaling more than $513 billion.
Updated SBA Report on PPP Loans

Our partners at the Groom Law Firm have created a detailed summary of the the PPP loan application and instructions, including a summary of costs eligible for loan forgiveness and reduction factors.
Summary of PPP Loan Application and Instructions

The U.S. Department of the Treasury and the SBA released a new application and instructions for PPP loan forgiveness. Interestingly, the press release about the application and instructions notes that, even with the application and instructions, “regulations and guidance to further assist borrowers” on their responsibilities is still forthcoming. 
Loan Forgiveness Application and Instructions
Treasury/SBA Joint Press Release
NAPEO Alert on Release of Loan Forgiveness Application

Treasury has released an FAQ stating that PPP borrowers with less than $2 million in loans are automatically deemed to have made the financial-necessity certification on the loan application in good faith. Treasury also somewhat softened its rhetoric towards those businesses that have borrowed more than $2 million, noting that while they will not automatically be deemed to have made the certification like the under $2m loans, they can show an “adequate basis” for making the certification under prior SBA guidance based on their individual facts and circumstances. It is FAQ No. 46. 
Paycheck Protection Program FAQs

We have updated our sample notice to clients on financing and tax options in the CARES Act to reflect the new guidance on tax deferrals released by the IRS. We've also adapted our detailed chart summarizing the various programs available to small businesses.


The IRS has issued 11 new FAQs regarding Section 2302 tax deferrals. Under the new guidance, the IRS makes clear that Paycheck Protection Plan (PPP) borrowers are allowed to defer their share of Social Security until their PPP lender issues a decision that the loan is forgivable, as provided by the CARES Act.
IRS FAQs on Section 2302 Tax Deferrals
NAPEO Analysis of IRS FAQs

We have revised our letter for PPP lenders, noting that new guidance from the US Treasury Department makes clear that 941s and other tax documents are not needed to qualify for a PPP loan. We've also updated our FAQs for PEO clients.

Payroll Protection Program Loans

The Paycheck Protection Program loan application has been revised to eliminate some of the language that was problematic for PEOs and their client employees seeking a PPP loan. The application now makes clear that lenders can confirm the eligible loan amount using the “required documents” as set forth in the IFR, such as payroll records, bank statements, etc., and that tax documents (such as Forms 941) are not required to be provided to lenders to qualify for the loans.  
Treasury FAQs on PPP Loans
Revised PPP Application
Full Text of Interim Final Rules
  
Treasury Department's PPP Information Page
Overview of PPP Program Specifics
Borrower Fact Sheet for PPP Loans
PPP Application Form
Loan Forgiveness Application and Instructions

NAPEO PPP Loan Resources

We have revised our letter for PPP lenders, noting that new guidance from the US Treasury Department makes clear that 941s and other tax documents are not needed to qualify for a PPP loan. We've also updated our FAQs for PEO clients.

Many of you have asked what can be considered payroll costs under the PPP. NAPEO has examined the issue and has developed a one-page analysis.

Our partners at the Groom Law Firm have created a detailed summary of the the PPP loan forgiveness application and instructions, including a summary of costs eligible for loan forgiveness and reduction factors.
Summary of PPP Loan Application and Instructions

 

Coronavirus Aid, Relief, and Economic Security (CARES) Act

CARES Act-Final Text
Senate Finance Committee FAQs on the CARES Act Employee Retention Credit

U.S. Chamber of Commerce Summary of CARES Act
American Benefits Council Summary of CARES Act
UWC's Summary of UI Provisions in the CARES Act
UWC's Analysis of Department of Labor's Pandemic Unemployment Assistance Program 
U.S. Chamber of Commerce Guide to Small Business Tax Changes

NAPEO Resources on the CARES Act


Families First Coronavirus Response Act (FFCRA)

The IRS FAQs on the new tax credits related to COVID-19 note that PEOs filing aggregate Form 941s will now be required to complete a partial Schedule R for any clients that take the credits. CPEOs and payroll agents under Section 3504 of the IRC should likewise include the credit on their Schedules R, which they are already required to file. Additionally, clients that wish to claim the advance credit will file a newly created IRS Form 7200 (Advance of Employer Credits Due to COVID-19) and should provide their PEO a copy for reporting purposes. (Question 53)
IRS FAQs on COVID-19 Tax Credits
IRS Form 7200 (Advance of Employer Credits Due to COVID-19)
IRS Form 7200 Instructions

NAPEO Resources on FFCRA

Other Resources on FFCRA

Department of Labor Resources on COVID-19 and the Families First Coronavirus Response ActFamilies First Coronavirus Response Act-Final TextDoL Wage & Hour Division Q&A Page on the Families First Coronavirus Response Act (FFRCA)
Treasury/IRS Announcement on Deferral of Tax Payments
Fisher Phillips: Summary of the FFCRA

American Benefits Council Summary of the FFCRA
U.S. Chamber of Commerce Summary of the FFRCA

SBA Disaster Loan Resources


U.S. Chamber of Commerce Small Business Guide and Checklist for Coronavirus Emergency Loans
COVID-19 Economic Injury Disaster Loan Instructions/Application
Three Step Guide to Applying for an SBA Economic Injury Disaster LoanSBA Disaster Assistance in Response to Coronavirus
Find Local SBA Assistance Near You
SBA disaster assistance customer service center at 1-800-659-2955; disastercustomerservice@sba.gov.

Key Resources on COVID-19

CDC's Detailed Guidance on Return to Work
CDC's Interim Guidance for Businesses and Employers on COVID-19
The World Health Organization's "Advice for the Public" on COVID-19
Resilience in a Box: Disaster Preparedness Resources for Small Businesses
Department of Labor Wage and Hour Division COVID-19 Website
OSHA's COVID-19 Website

NAPEO Webinars

State Updates and Information

NAPEO's Summary of State Legislation, Rules, and Regulations Related to COVID-19
NAPEO's Summary of State Executive Orders Related to COVID-19

NAPEO's Summary of COVID-19 Related State Tax Deferrals and Waivers

NAPEO's Summary of COVID-19 Related Workers' Compensation Updates
NCCI FAQ's on COVID-19 and Workers' Compensation

National Association of Insurance Commissioners (NAIC)* Coronavirus Resource Center: Contains state actions that impact all lines of insurance, including: policy cancellations, premiums, licensing, etc. *The NAIC is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories.

State "Stay Home" Orders

As COVID-19 cases rise in the United States, governors have been issuing executive orders closing down non-essential businesses.

These orders are similar but not uniform. Therefore, employers should read each order carefully that pertains to a state in which they have employees. Generally, these orders allow “essential” businesses to remain open while the order is in effect and define what an “essential” business is in that state. Below you will find alerts on each state order issued, specifically addressing the order’s impact on PEOs. The alerts also contain links to the orders themselves. 

Alaska
  
Arizona
  
Colorado
Connecticut
 
 
DC
  
Delaware
Florida
 
 
Hawaii
  
Idaho
Illinois
 
 
Indiana
  
Kentucky
Louisiana
 
 
Maine
  
Maryland
Massachusetts
 
 
Michigan
  
Minnesota
Mississippi
 
 
Montana
  
Nevada
New Hampshire
 
 
New Jersey
  
New Mexico
New York
 
 
North Carolina
  
Ohio
Oregon
 
 
Pennsylvania
  
Tennessee
Vermont
 
 
Washington
  
West Virginia
Wisconsin