Tax & AccountingSeptember 11, 2020

Senate Republican Bill S_178 with additional PPP provisions failed to get needed votes

Senate Republican Bill S_178 with additional PPP provisions failed to get needed votes

Senate Republican Leader Mitch McConnell placed a bill before the Senate Thursday 9/10. S 178 is a roughly $500B package that included many “small business-related provisions including the next round the PPP and revisions to the existing. The Senate voted 52-47 to pass the bill. However, it failed to get the 60 votes needed to overcome Thursday’s procedural hurdle as congressional Democratic leadership and the White House remain at a standoff over a fifth coronavirus package.

The key PPP-related provisions in the bill include the following:

  • Allowable uses of a PPP loan is expanded to include covered operational expenses, property damage costs, supplier costs, and worker protection expenditures.
  • Lender safe harbor and hold harmless provisions; no enforcement actions where demonstration of good faith reliance on certifications
  • Simplified forgiveness application for loans of $150K and under – one page form, paper or online
  • Relaxed forgiveness application process and document submission standards for loans between $150K and $2M
  • Second draw PPP loans for eligible businesses with 35% or more reduction in gross receipts
  • PPP loan amount limitations adjusted
  • Amount limitations for businesses with multiple locations
  • Gross receipt calculations for nonprofits and veterans organizations
  • $25B set aside for small businesses with 10 or fewer employees
  • $10B set aside for small community lenders (CDFIs, certain Farm Credit Banks, and insured depositories and credit unions under $10B) to loan to small businesses
  • PPP funds can’t be used for lobbying
  • 501(c)(6) nonprofits now eligible
  • Limitations on eligibility of Executive and Legislative Branch members and their families for PPP loans
  • Appears to be about $260B in funding $500B

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Mark Friedlich
Author at Tax & Accounting
Mark Friedlich, a CPA & tax lawyer, is the principal international & corporate indirect taxation analyst for Wolters Kluwer Tax & Accounting. He is a member of the U.S. Senate Finance Committee’s Chief Tax Counsel’s Advisory Board, advisor to 14 state taxing authorities, and a member of the American Bar Association’s Tax Section and AICPA’s Tax Section leadership teams. Prior to joining Wolters Kluwer he was a Managing Tax Partner at PricewaterhouseCoopers.