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    Quick Guide: Main Street Lending Program

    For the past few weeks we’ve been bombarded with information on the most popular aspects of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, but the Federal Reserve took additional steps to bolster the economy with the Main Street Lending Program (MSLP). Designed to further assist small and medium-sized businesses this program provides liquidity during the coronavirus crisis. The MSLP enables new financing of eligible term loans from eligible lenders to eligible businesses by making an extra $2.3 trillion in loans available. As with the Small Business Administration’s Paycheck Protection Program (PPP), businesses should reach out to their banks or lenders to apply for one of these loans. However, we need to mention that for now the minimum loan size is $1 million and the interest rate is expected to be higher than that of PPP loans.

    Businesses will need to attest that they require financing due to COVID-19 and have made efforts in the areas of retaining employees as well as maintaining payroll during the term of the loan. An important stipulation of the use of the loan is that the borrower may not use proceeds to repay or refinance pre-existing loans. Small businesses that participate in the PPP may also take advantage of the Main Street Program.

    The MSLP will enhance support for eligible borrowers that were in good financial standing before the crisis by offering four-year loans to companies employing up to 10,000 workers or with revenues of less than $2.5 billion. Interest rates on this unsecured debt will be based on the Secured Overnight Financing Rate (SOFR) plus 2.5% to 4%, depending on the credit risk. SOFR is a newer benchmark that is due to replace the London Inter-Bank Offered Rate (LIBOR) next year.

    Amortization of principal and interest is deferred for one year (the amortization schedule for an eligible loan is not otherwise specified in the term sheets released by the Federal Reserve). Eligible lenders (banks) may originate new MSLP loans or use them to increase the size of existing loans to businesses.

    Prepayment is permitted without penalty and there is a 1% loan origination fee based on the principal amount of the loan. However, unlike the PPP, these loans contain no provisions for forgiveness.

    The borrower must agree to not use the proceeds of the loan to repay other loan balances and concur that it will not seek to cancel or reduce any of its outstanding lines of credit with the lender or any other lender.

    There are compensation restrictions in that until one year after the loan is repaid, no officer or employee of the business whose calendar year 2019 total compensation exceeded $425,000 receives from the business total compensation that exceeds during any consecutive 12-month period the total compensation received by that person in 2019. Additionally, severance pay or other termination benefits cannot exceed two times the maximum compensation received by that person in 2019.  Lastly, no officer or employee of the business whose total compensation exceeded $3 million in calendar year 2019 may receive during any consecutive 12-month period total compensation in excess of $3 million plus or 50% of the compensation over $3 million of total compensation received from the business in calendar year 2019.

    The good news is that banks are already seeking changes as the Federal Reserve finalizes the MSLP in order to expand eligibility. The feedback has been for new enhancements that make the program workable for lenders as this would get the funds into the real economy quickly. The program’s $1 million minimum loan size appears to be too large and will exclude many small businesses that need to borrow a smaller amount while a minimum of $100,000 seems more appropriate. Calls have been made to reduce the floor to $50,000. As some lenders have yet to adopt to SOFR, those lenders want to use LIBOR or other benchmarks.

    Further, other industry groups have made requests to include more flexibility on the duration of the loans allowed and the maximum size of the loan, as well as giving lenders more discretion as how to supervise capital distribution restrictions that are imposed on borrowers as a condition of the loan.

    The Czar Beer team is dedicated to providing timely, accurate information on all aspects of the the current economic crisis that affect our clients. However, as this is all developing quickly we are here to offer support in any way we can. You can email us at info@czarbeer.com or call 212 397 2970 with any questions you may have.

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    Net Operating Losses: The Carryback is Back!

    The 2017 Tax Cuts and Jobs Act (TCJA) updated the net operating loss rules to eliminate carryback opportunities, while allowing carryforwards to be used to offset 80% of taxable income. On the plus side, the updated rules allowed losses to be deferred indefinitely removing the 20 year expiration rule and even better than that, is the good news that the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) has modified those rules even further and now the 80% limitation has been lifted, meaning once again losses can now be carried back for up to five years.

    The widening of the use of net operating losses and allowing carryback refunds as part of implementing the CARES Act presents an opportunity for small businesses to recoup taxes paid, as well as significantly reduce their tax burdens going forward. The IRS also announced temporary procedures that allow a fax transmission of the required forms to speed up the processing times for these refund claims. The new law requires a taxpayer with a net operating loss arising in a 2018, 2019, or 2020 taxable year to carry that loss back to each of the five preceding years unless the taxpayer elects to waive or reduce the carryback.

    Starting on April 17, 2020 and until further notice the IRS will accept eligible refund claims forms to a specific fax number – 844-249-6236 for Form 1139 (corporations) and 844-249-6237 for Form 1045 (individuals, estates and trusts). The IRS is encouraging taxpayers to wait until April 17, rather than mailing in the forms since mail processing is being impacted by the pandemic.

    Previously, these forms could be filed only via hard copy delivered through the USPS or by a private delivery service. The temporary procedure to accept these forms via fax allows the federal government to make the relief in the CARES Act available to taxpayers before IRS processing centers are able to reopen. The other procedures to process claims will remain the same – the only difference is to allow an additional method to file eligible refund claims.

    The Czar Beer team is dedicated to providing timely, accurate information on all aspects of the CARES Act and the current economic crisis that affect our clients. However, as this is all developing quickly we are here to offer support in any way we can. You can email us at info@czarbeer.com or call 212 397 2970 with any questions you may have.

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    What the CARES Act Means for RMD’s

    When it comes to required minimum retirement account distributions (RMDs), the government giveth, and now giveth again.

    Earlier in the year, due to congressional approval of the Secure Act created for older Americans, the RMDs from retirement accounts are underwent a bit of a makeover. The updated life expectancy tables, which were proposed by the IRS for 2021, adjusted how you calculate those RMDs and there are two main benefits to consider.

    After 2019 the mandated annual withdrawals from your retirement accounts will begin once you reach  72, as opposed to the former 70 and a half years of age. While that age delay is a small thing, it is still helpful to those wishing to maintain account balances and defer taxes.

    The second benefit of the updated longer life expectancy calculations is that they work to make the minimum amount you have to take a little smaller. While it is true that most account holders take more than required, the IRS estimates that just 20.5% of those age 70 and older are expected to take only the minimum in 2021.  Now the government has come along to bring further financial relief to those minimum minded retirees by waiving all required minimum distributions due in 2020.

    Normally, there is a consequence if you do not take any distributions, or if the distributions are not large enough, but the Coronavirus Aid, Relief and Economic Security (CARES) Act changes this for 2020. By not taking a RMD, you can reduce your 2020 tax bill.

    Anyone with an RMD due in 2020 from a company plan, such as a 401(k), 403(b), IRA, or other defined contribution plan, is eligible.  Unfortunately, if you already took an RMD for 2020, you may be out of luck because there are generally no give backs.

    The Czar Beer team is dedicated to providing timely, accurate information on all aspects of the CARES Act and the current economic crisis that affect our clients. However, as this is all developing quickly we are here to offer support in any way we can. You can email us at info@czarbeer.com or call 212 397 2970 with any questions you may have.

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    We’re Here to Help

    The sudden appearance of and subsequent upheaval caused by the novel coronavirus, COVID-19 is certainly unprecedented. While we have all as a result entered into quite unfamiliar territory, at Czarnowski & Beer we have been working around the clock to create resources that help our clients navigate these uncharted waters.

    With all non-essential businesses shutting down and the added sense that we have no idea how long this will continue, we are doing what we can to help reduce the sense of fear and overwhelm that is plaguing many persons in the cooperative and condominium industry by creating the following guides and resources:

    CARES Act Summary

    To help our clients better understand the new programs that are available to them, we have created a comprehensive guide outlining the provisions laid out in the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The document provides an overview on the three most popular options in the Act that can provide a significant boost to your struggling cash flow. Click here to download.

    How to Prepare for Disruptions to Your Property’s Cash Flow

    The scenarios playing out in our present-day reality are so daunting they can create an extremely challenging situation for even the most well-prepared coop and condo boards, but fear not, we have identified a few action steps that can help you identify ways to manage your property’s cash flow and handle bulging budget deficits. Read the full article here.

    Everything You Need to Know About the Paycheck Protection Program

    There has been a lot of publicity concerning the Paycheck Protection Program (PPP) and in this post we dive deep into what it is, how you can apply and raise important questions that will help you determine if applying would be the best decision for you at this time. Read it here.

    The Cash Flow Checklist: Actions Your Board Can Take to Protect Against Shortages

    While it is ultimately best to consult a trusted Certified Public Accountant to help you navigate your way forward, The Cash Flow Checklist quickly outlines ways you can prepare for disruptions to your property’s cash flow and significantly help you manage your property’s financial during these uncertain times. Click here to access the entire list.

    Why Coops and Condos Should Apply for an Economic Injury Disaster Loan

    Since the enactment of the CARES Act the spotlight has been shown on PPP loans and provisions made by that program, but what many people don’t know is that the Economic Injury Disaster Loan (EIDL) may at present provide even better opportunities for coops and condos. Read the reasons why here.

    The Czar Beer team is dedicated to providing timely, accurate information on all aspects of the CARES Act and the current economic crisis that affect our clients. The information in the resources listed above should provide some assistance and give you confidence that you’ll be able to weather this storm.

    However, as this is all developing quickly we are here to offer support in any way we can. Download our proposal document here for more guidance. You can also email us at info@czarbeer.com or call (212) 397-2970 for more information.

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