The CARES (Coronavirus Aid, Relief, and Economic Security) Act (Public Law No. 116-136) was signed into law on March 27, 2020 in an effort to provide financial help to beleaguered individuals, businesses, health care providers, and state and local governments and to sustain the economy which has plummeted during the COVID-19 outbreak. The legislation employs a mix of grant, loans, loan guarantees, and tax incentives seeking to address the economic problems from all directions. The tax relief provisions comprise a relatively short list of initiatives oriented toward improving the after-tax cash flow of businesses and encouraging them to retain their current workforces.
i. Beginning with the first calendar quarter in 2020 for which the employer’s gross receipts (as defined under I.R.C. section 448(c)) for the quarter are less than 50 percent of the gross receipts from the same quarter in the prior year, and
ii. Ending with – be patient here – the calendar quarter following the first calendar quarter beginning after a “less-than-50- percent-quarter” for which gross receipts are greater than 80 percent of gross receipts for the same calendar quarter in the prior year. Boiling all of this down, it appears to mean that once the business rebounds and returns to a gross receipts level that is greater than 80 percent of the same quarter in the prior year, the time period ends with the next quarter after the 80 percent threshold is exceeded.
Our teams of lawyers across the globe are continuing to compile the latest thinking and legal guidance on the coronavirus outbreak. To track our latest updates, which will include more specific discussions of particular contractual concepts, we encourage you to check the Hogan Lovells COVID-19 Topic Center, which covers a wide variety of practice areas across the globe.
Authored by John S. Stanton, James M. Wickett, Robert E. Glennon, and Siobhan C. Rausch
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