The New COVID-19 Law (CARES Act) Provides Businesses with Relief

• Learn about some of the top provisions for small businesses in the new COVID-19 law, the CARES Act.
• Find out how the employee retention credit may affect your small business.
• Learn more about new tax provisions for small businesses under the CARES Act, such as tax payment delays, the repeal of certain income limits, and applicable deductions.

On March 27, President Trump signed into law another COVID-19 law, which provides extensive relief for businesses and employers. Here, Fiducial explains some of the tax-related provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Visit Fiducial’s Coronavirus Update Center for information on SBA disaster loans, the CARES Act Paycheck Protection Program (PPP), as well as emergency relief services.

Employee retention credit under new COVID-19 law

The new COVID-19 law provides a refundable payroll tax credit for 50% of wages paid by eligible employers to certain employees during the COVID-19 crisis.

Employer eligibility

The credit is available to employers with operations that have been fully or partially suspended as a result of a government order limiting commerce, travel or group meetings. The credit is also provided to employers that have experienced a greater than 50% reduction in quarterly receipts, measured on a year-over-year basis.

The credit isn’t available to employers receiving Small Business Interruption Loans under the new law.

Wage eligibility

For employers with an average of 100 or fewer full-time employees in 2019, all employee wages are eligible, regardless of whether an employee is furloughed. For employers with more than 100 full-time employees last year, only the wages of furloughed employees or those with reduced hours as a result of closure or reduced gross receipts are eligible for the credit under the COVID-19 law.

No credit is available with respect to an employee for whom the employer claims a Work Opportunity Tax Credit.

The term “wages” includes health benefits and is capped at the first $10,000 paid by an employer to an eligible employee. The credit applies to wages paid after March 12, 2020 and before January 1, 2021.

More good news for employers: The IRS has authority to advance payments to eligible employers and to waive penalties for employers who don’t deposit applicable payroll taxes in anticipation of receiving the credit.

The CARES Act provides payroll and self-employment tax payment delay

Employers must withhold Social Security taxes from wages paid to employees. Self-employed individuals are subject to self-employment tax.

The CARES Act allows eligible taxpayers to defer paying the employer portion of Social Security taxes through December 31, 2020. Instead, employers can pay 50% of the amounts by December 31, 2021 and the remaining 50% by December 31, 2022.

Self-employed people receive similar relief under the COVID-19 law.

Temporary repeal of taxable income limit for NOLs

Currently, the net operating loss (NOL) deduction is equal to the lesser of 1) the aggregate of the NOL carryovers and NOL carrybacks, or 2) 80% of taxable income computed without regard to the deduction allowed. In other words, NOLs are generally subject to a taxable-income limit and can’t fully offset income.

The CARES Act temporarily removes the taxable income limit to allow an NOL to fully offset income. The new COVID-19 law also modifies the rules related to NOL carrybacks.

Interest expense deduction temporarily increased under COVID-19 law

The Tax Cuts and Jobs Act (TCJA) generally limited the amount of business interest allowed as a deduction to 30% of adjusted taxable income.

The CARES Act temporarily and retroactively increases the limit on the deductibility of interest expense from 30% to 50% for tax years beginning in 2019 and 2020. There are special rules for partnerships. Ask your Fiducial rep for more information.

Bonus depreciation for qualified improvement property with CARES Act

The TCJA amended the tax code to allow 100% additional first-year bonus depreciation deductions for certain qualified property. The TCJA eliminated definitions for 1) qualified leasehold improvement property, 2) qualified restaurant property, and 3) qualified retail improvement property. It replaced them with one category called qualified improvement property (QIP). A general 15-year recovery period was intended to have been provided for QIP. However, that period failed to be reflected in the language of the TCJA. Therefore, under the TCJA, QIP falls into the 39-year recovery period for nonresidential rental property, making it ineligible for 100% bonus depreciation.

The CARES Act provides a technical correction to the TCJA, and specifically designates QIP as 15-year property for depreciation purposes. This makes QIP eligible for 100% bonus depreciation. The provision is effective for property placed in service after December 31, 2017.

Careful planning required

This article only explains some of the COVID-19 law relief available to businesses. Additional relief is provided to individuals, and Fiducial will have articles forthcoming re: that relief. Be aware that other rules and limits may apply to the tax breaks described here. For more small business COVID-19 resources, visit Fiducial’s Coronavirus Update Center to find information on SBA loans, tax updates, the Paycheck Protection Program, paid sick and family leave, and more. Call Fiducial at 1-866-FIDUCIAL if you have questions about your situation or make an appointment at one of our office locations. Ready to book an appointment now? Click here. Know someone who might need our services? We love referrals! .