The National Association of Wholesalers-Distributors made their members aware of the new legislation that can assist their members during the COVID-19 pandemic. After months of failed negotiations, the House/Senate/White House agreed on a COVID-19 relief bill late Sunday night. The legislation is awaiting President Donald J. Trump’s signature.
This is a HUGE piece of legislation—more than 5,000 pages—combining the year-end government funding bill with an almost 1 trillion-dollar COVID-19 bill. But the parts of it in which NAW members and the overall business community were most interested have all been resolved surprisingly satisfactorily.
Specifically:
- Second draw PPP loans are permitted, provided the business can demonstrate a revenue loss of at least 25%;
- Full deductibility of expenses paid with a PPP loan is restored;
- Additional expenses have been added to those that qualify for PPP loan forgiveness;
- The employee retention tax credit is increased and extended into 2021;
- The barrier between the ERTC and PPP has been removed, so a company can take both the PPP loan and claim the ERTC provided that the funds are not used for the same purpose; and
- For NAW member associations: 501(C)6 organizations are now eligible for PPP loans provided that not more than 15% of their gross receipts/activities are lobbying and no more than $1,000,000 spent on lobbying.
The new legislation would give the Small Business Administration (SBA) only 10 days from enactment of the bill to write rules for the revamped small business rescue provisions.
The short deadline reflects a sense of urgency to get help to struggling employers, but the timeline — over the holidays and in the midst of a presidential transition — raises many concerns.
After the passage of the CARES Act earlier this year, there were dozens of interim rules and updates to agency FAQs that left many struggling employers confused.
NAW will continue to monitor any new federal agency developments. MHEDA will send you critical updates as they occur.
To read a summary of the PPP provisions, click HERE.
To read the full bill, click HERE.
