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A PPP Holiday Stocking Stuffer

By: Robert A. Greising, Kendall A. Schnurpel, and Corben A. Lee on December 23, 2020

Congress finally agreed on a new COVID relief package, passed the Consolidated Appropriations Act, 2021 (the "Act") after months of intense negotiations about scope and dollars, and has sent the Act to President Trump for his signature. The President has tweeted objections about some provisions of…

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House of Representatives Passes Historic MORE Act to Decriminalize Cannabis at Federal Level

By: Kendall A. Schnurpel and on December 4, 2020

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…

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IRS Deflates the Hope Balloon of PPP Borrowers

By: Robert A. Greising and Kendall A. Schnurpel on November 23, 2020

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…

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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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