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FEDERAL UPDATES
PPP/SBA
On August 17th SBA and Treasury published a new Interim Final Rule - Treatment of Owners and Forgiveness of Certain Nonpayroll Costs. The new rule addresses: a question relating to calculating owner compensation that has no relevance to nonprofits; and two questions deal with tenant, sub-tenant, or home-office expenses and rent payments to related parties.
SBA released updated data on the PPP (as of Aug. 8), including state-by-state statistics and disclosures.
Employee Payroll Tax Deferral
The Department of Treasury and IRS issued a three-page guidance implementing the Presidential Memorandum allowing employers to defer withholding and payment of the employee’s portion of the Social Security tax. Notice 2020-65 makes relief available for employers and generally applies to wages paid starting Sept. 1, 2020, through Dec. 31, 2020. The employee Social Security tax deferral may apply to payments of taxable wages to an employee that are less than $4,000 during a bi-weekly pay period, with each pay period considered separately. No deferral is available for any payment to an employee of taxable wages of $4,000 or above for a bi-weekly pay period. Read the news release.
Donor Disclosure
The DC Circuit Court of Appeals ruled last week that the donor-disclosure regulations of the Federal Election Commission are too weak. CREW v. FEC. The court upheld a district court ruling from 2018 that struck down a regulation allowing social welfare 501(c)(4) organizations to keep their donors anonymous. The Court of Appeals ruled that the Federal Election Campaign Act “unambiguously requires an entity making over $250 in [independent expenditures] to disclose the name of any contributor whose contributions during the relevant reporting period total $200, along with the date and amount of each contribution.” Finding that the FEC rule did not require disclosure, the court found, “The Rule therefore is invalid.” Read Politico's case summary.
2020 National Voter Registration Day
Sign up to join the nationwide effort to register hundreds of thousands of voters. Official partners will receive a free voter registration kit and access to other opportunities to support nonpartisan voter registration work. Join Nonprofit VOTE on Sep. 2 for a free webinar on how your organization can promote your NVRD event. Visit Nonprofits Countdown to the Election activation calendar for weekly reminders delivered right to your calendar.
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STATE UPDATES
Commercial eviction moratorium
On Aug. 20, Governor Cuomo signed an Executive Order extending the state’s moratorium on coronavirus-related commercial evictions and foreclosures to Sep. 20.
Absentee voting
Governor Cuomo issued an Executive Order to bolster and support New Yorkers' right to vote. The order requires county Boards of Election to adopt a newly designed envelope for absentee ballots that will eliminate confusion as to where voters must sign their ballot; to send a mailing notifying voters of deadlines and instructions for requesting absentee ballots; to take steps so that they're ready to count votes as soon as possible; and to send staffing plans and needs to the State Board of Elections by Sep. 20. This order builds on legislation allowing all voters to request an absentee ballot if they have COVID-related concerns about voting in-person. Registered voters may request their absentee ballot here.
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