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On Friday, December 4th, 2020, the U.S. House of Representatives passed H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act) by a vote of 228 to 164. If enacted, the MORE Act would end federal prohibition of cannabis, require federal courts to expunge prior cannabis (or… IRS Deflates the Hope Balloon of PPP Borrowers
On November 18, 2020, the Internal Revenue Service (IRS) issued Revenue Ruling 2020-27 and Revenue Procedure 2020-51, which, respectively, provided additional guidance regarding the IRS position on the non-deductibility of expenses funded with Paycheck Protection Program (PPP) loan proceeds and a… SBA Introduces Necessity Questionnaires for PPP Forgiveness
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… USDA Approves Indiana State Hemp Plan for Commercial Growth
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… Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield
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… SBA Guidance on Change of Ownership for PPP Borrowers
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… Businesses That File Indiana Sales and Withholding Taxes Must Transition Accounts to New Indiana Department of Revenue System Starting 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… IRS Confirms Payroll Tax Deferral Not Mandatory
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… SEC Updates Private Placement “Accredited Investor” Definition
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… IRS Issues Guidance Related to President Trump's Memorandum on Social Security Tax Deferral
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… SBA Issues New Guidance on Loan Forgiveness
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… PPP Loan Application Deadline: Saturday, August 8, 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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