Nortel 922-104 : Communication Server 1000 Rls. 6.0 Upgrades for Engineers Exam
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Nortel Communication Question Bank
The Small business Administration (“SBA”) requires borrowers to complete SBA form 3509 (for-profits) if along with their associates, the borrower(s) received Paycheck insurance plan software (“PPP”) loans totaling $2 million or stronger. The form became created via the SBA in an effort to evaluate the debtors good-faith certification surrounding the need for funding as a result of present financial uncertainty at the time of the PPP software. although the SBA has cited a request to comprehensive the questionnaire does not suggest that the SBA is challenging a borrower’s certification, many borrowers are nonetheless uneasy on how this questionnaire could be utilized via the SBA.
An excerpt from the U.S. department of the Treasury Paycheck coverage software FAQs. AP ... [+] Illustration/Peter Hamlin
a better realizing of the SBA questionnaire could be crucial sooner than you feel. highly, lots of the questions being requested on the form 3509 may have an effect on the 2020 employee Retention Tax credit or filing of the 2020 federal enterprise salary tax return. If a business is required to post kind 3509, the questionnaire should still be reviewed to ensure data is being invariably communicated to the federal govt on all fronts. Time should still be taken to assessment the questionnaire to make certain 1) that correct counsel is being provided, 2) the borrower’s need for PPP funding is correctly mirrored, and 3) the equal information are being stated to the SBA and the inner profits carrier.
background Surrounding From 3509
in line with CARES Act section 1102(a)(1)(G), that was handed on March 27, 2020, an eligible borrower making use of for a PPP personal loan had to make a pretty good faith certification on the time of the personal loan utility that the uncertainty of latest economic circumstances made it critical for the personal loan request to aid the ongoing operations. at first, the good religion certification became often interpreted that COVID-19 led to colossal latest or potential financial damage as a result of materially reduced salary and that working would likely cause layoffs. besides the fact that children, on April 23rd, the SBA clarified that debtors must make this certification in respectable religion, thinking of their current company endeavor and their capability to entry other sources of liquidity to support their ongoing operations in a fashion that is not vastly unsafe to the company.
The time lapse between the CARES Act and the SBA clarification regarding which elements should be evaluated when making a good religion certification is tremendous. The SBA clarification changed into supplied well-nigh a month after the passage of the CARES Act. whereas no longer many individuals are excited to revisit April of 2020, it is crucial to assessment the timeline to greater bear in mind why agencies are fighting the SBA’s late clarification. On April 16th, just before the SBA clarification, the initial $349 billion for PPP funding ran out after being accessible to organizations for only two weeks. companies have been scrambling to secure PPP funding, and if they did not get hold of funding by April 16th were frantic to make certain their PPP personal loan purposes were first in line should still additional government funding be provided. in the brilliant phrases of chook Little, many felt that the sky became falling! by using April 23rd, many groups which already had a big PPP mortgage stability had been questioning even if their respectable religion certification on the time of the loan turned into sufficient, as it may additionally no longer have concentrated on existing enterprise activity and liquidity. whereas many expect the SBA assistance to be challenged in the courts, at present the questionnaire need to be accomplished. The SBA has made clear that failure to finished the kind and supply the necessary aiding documents can result in the determination that the enterprise become ineligible for either the PPP personal loan, the PPP mortgage quantity, or any forgiveness quantity claimed, and the SBA may seek repayment of the personal loan or pursue other attainable cures.
Borrower secure Harbor: loan steadiness under $2 million
On may additionally 13, 2020, the SBA offered a safe harbor for any borrower that, in conjunction with its associates, received PPP loans with an customary fundamental quantity of under $2 million. These debtors would automatically be deemed to have met the necessary certification that the loan request became made in good religion. extra good information? On the most currently up-to-date SBA debt forgiveness utility the evaluation as as to if the most important steadiness amongst affiliates exceeds $2 million, and therefore a form 3509 is required, is classed on the primary Draw PPP mortgage steadiness OR the second Draw PPP loan balance (no longer a mixture of both). for this reason, even though the first and 2nd Draw PPP loan balance have been $1,one hundred,000 each, for a total of $2,200,000, the kind 3509 would not be required as the loan balance per draw did not exceed $2 million.
form 3509 Questions
part A-Borrower assistance
according to part A, a separate form could be required for each legal borrower listed on the mortgage application. If assorted affiliated enterprise entities got a complete PPP loan balance of $2 million or extra, they would should fill out a separate kind 3509 for each and every company. each and every of the questions about the kind that reference the borrower is asking for the legal borrower’s information, and never the affiliated neighborhood, and includes the reporting of gross revenue, capital growth tasks, and cash balances. The affiliated community balances should not have to be reported. besides the fact that children, this doesn't avoid a borrower from attaching additional info concerning the affiliated neighborhood to the questionnaire if it improved displays the economic uncertainty of the better neighborhood.
form 3509 is split between two sections. as the SBA is making an attempt to verify the borrower’s respectable faith certification, the primary part asks questions that the SBA views critical involving the business exercise evaluation at the time of the PPP mortgage software and the 2nd section addresses liquidity on the time of the software and during the covered length. For purposes of this dialogue, the liquidity assessment questions will take priority.
form 3509: Liquidity evaluation (“LA”) Questions
LA question 1
query 1 requests that the borrower deliver their cash and cash equivalents stability as of the ultimate day of the calendar quarter immediately before the date of the PPP mortgage utility along with assisting documentation. The assisting documentation it's most easily accessible is the bank observation for the money debts. Investments in liquid securities, such as shares, bonds, and derivatives, are not protected in cash and equivalents. even if such belongings can be effortlessly turned into cash (customarily with a three-day settlement duration), they're nevertheless excluded.
Some groups may also replicate a better money quantity on their bank commentary than what's a real reflection of the businesses cash position. as an example, construction companies continually can have big money deposits when starting a contract, however that money has already been assigned to pay for a lot of resources and contractors. In this kind of case, the borrower should still accept as true with proposing extra helping documentation reflecting the amount of cash that has already been allotted towards completing the shrunk initiatives.
LA question 2
the most contemporary problem tax professionals are reviewing with groups who bought a PPP loan relates to query 2, which asks if the borrower paid any dividends or other capital distributions to its owners between March 13, 2020 and the conclusion of the covered period. A repetitive question bought all over the 2020 12 months from house owners who’s companies bought a PPP loan was whether they should take a distribution from their business. The SBA looks to be indicate that if distributions have been made to owners throughout the coated length, there may now not have been a true challenge about economic uncertainty. while the regularly occurring rule looks to hold true, the SBA have to additionally recognize there are all the time exceptions.
Let’s dissect question 2 just a little additional. earlier than entering the amount of distributions made between March 13 and the conclusion of the covered length, a business is allowed to in the reduction of the distribution amount listed for query 2B for estimated tax funds regarding flow-through entities. The SBA has provided that move-via entities, similar to S organizations and Partnerships, can distribute an volume to cover the tax funds of its owner(s). The volume of distribution that can be excluded involving tax funds cannot exceed:
1. the tax legal responsibility on earnings earned within the first three quarters of 2020,
2. a hundred and ten p.c of the pro-rata share of closing yr’s tax liability on distributions, and/or
three. 100 percent of the professional-rata share of tax legal responsibility on total distributions in 2020
What if the exclusion of the estimated tax price nevertheless requires a large quantity to be reported as a dividend or capital contribution? overview THE end DATE OF THE PPP coated length. as an instance, many borrowers are assuming that they're going to make the most of a 24-week lined duration. youngsters, the Consolidated Appropriations Act, 2021 (“CAA 2021”) clarified that the covered duration for the primary Draw PPP and 2nd Draw PPP must be as a minimum 8 weeks, and no longer than 24 weeks. hence, depending on the dividend or distribution dates and the period of time it took the enterprise to utilize is PPP funding on covered costs, there may well be a method to reduce the quantity of dividends or distributions being suggested on line 2B.
for instance, lets anticipate that company A bought a $2,100,000 personal loan on March sixteen, 2020. in addition, company A made owner distributions, above and past estimated tax payments, of $500,000 monthly starting in June and ending in September. The 24-week coated length would delivery on March 16, 2020 and conclusion on August 30, 2020. If the full 24-week covered duration is utilized, the borrower would have $1,500,000 of proprietor distributions. youngsters, upon careful examination of the payroll costs and non-payroll costs, the enterprise realized it spent the entire PPP funding on eligible prices inside 15 weeks and hence, the end of the lined period may be accelerated to June 30, 2020. If this was the case, and the borrower adequately stated the shorter coated length on their debt forgiveness application, the quantity of distribution required to be stated for question 2B would lessen greatly from $1,500,000 to $500,000.
warning: The acceleration of the coated duration also influences the timing of the filing of the enterprise debt forgiveness utility which defer the mortgage funds. If a borrower doesn't practice for loan forgiveness inside 10 months after the last day of the borrower’s mortgage forgiveness covered period, mortgage funds are not any longer deferred, and the borrower need to start make payments on the personal loan. In their old instance, enterprise A had a coated duration ending date of August 30, 2020 which might allow company A to wait except June 30, 2021 to apply for debt forgiveness. If in its place the lined duration conclusion date is shortened to June 30, 2020, business A’s debt forgiveness utility would need to be submitted by using the conclusion of April 2021.
in spite of everything that planning, is the distribution quantity on Line 2B nevertheless too high? There are logical reasons that can be documented and supplied as assist related to why distributions were made above and past the disbursed quantity for the owner’s estimated tax bill right through the lined duration. as an example, the estimated tax bill can also not handiest include the 2020 estimated tax payments that had been due in June, July and September of 2020, however additionally the 2019 final tax liability that become due in July of 2020. remember, the filing deadline for 2019 tax returns became lengthen from April 15th 2020, to July fifteenth 2020 which can be correct within the center of a groups coated period. businesses who did have tax distributions paid out that have been better than the quantity dispensed above, should agree with disclosing all tax price distributions made to proprietor’s all through the coated length.
yet another point of overview it to ensure that the distributions that have been made have been truly a cash distribution or a personal loan to the owners. After careful review, and appropriate documentation, corporations should be sure the suitable mortgage and distribution amounts are said on the fiscal statements and tax return for consistency.
LA query 4 & 5
Questions four and 5 makes an attempt to determine any of the employees or house owners of the borrower who were compensated throughout the covered period in an volume that exceeds $250,000 on an annualized groundwork. The SBA query looks a bit uninformed as it is not soliciting for comparative earnings facts from 2019. debtors should consider disclosing 2019 comparative information within the aiding documentation, as well as highlighting these personnel or house owners’ salaries which stayed stagnant or reduced in 2020 in comparison to the 2019 compensation.
form 3509: business exercise assessment (“BAA”) Questions
BAA question 1
question 1 requests the borrower’s gross revenue for the 2d quarter of 2020 and 2019 with helping documentation. It is assumed that the SBA is expecting a decline in these two comparative quarters, thereby confirming the financial uncertainty surrounding the enterprise on the time of the PPP loan application. This frustrates many borrowers who worry that the second quarter is the only information that the SBA is assessing when making an attempt to consider the latest business endeavor surrounding financial uncertainty. youngsters, some organizations didn't see the gigantic gross receipts decline until the third and even fourth quarter of 2020. This could be for a whole lot of causes, including when the pandemic turned into well-liked in their genuine
location which then ended in governmental shutdowns, but additionally may well be involving contracts nevertheless being completed in the second quarter that had been entered into pre-pandemic.
groups who didn't see a decline until after the 2nd quarter should still consider presenting extra aiding documentation for the gross receipts decline that took place in later quarters. That being talked about, for debtors who obviously had a 2d quarter lessen there is no want, or requirement, that the complete yr’s gross receipts be disclosed.
BAA question 2
query 2 asks the borrower in the event that they were ordered to shut down with the aid of a state or local authority due to COVID-19 because the COVID-19 countrywide Emergency assertion issued with the aid of President Trump on March 13, 2020. be careful! while they frequently don’t believe governmental businesses are the most effective at sharing assistance, the answer to this question could be of interest to the interior earnings carrier if the borrower is claiming the worker Retention credit (“ERC”) for 2020 because of a full or partial governmental shutdown. it is essential to now not most effective answer this question yes if the 2020 ERC is being claimed because of a governmental order (State or local), but also verify the dates being claimed for the 2020 ERC full or partial shutdown are the equal dates mirrored within the answer to question 2C. This question is not restrained to the PPP coated length, but is referring to any time seeing that March 13, 2020, which might additionally consist of dates in 2021 if the SBA form 3508 has yet to be submitted. the same notion procedure may still be applied to BAA query three as neatly.
BAA query 4
question 4 asks if the borrower has voluntarily ceased or reduced its operations because of COVID-19 at any time considering the fact that March 13, 2020. corresponding to query 2 and three, if the borrower is also in the hunt for the ERC they're going to need to overview in detail the time that the company operations have been suspended and naturally establish which dates have been due to mandates by means of the state or local authority versus voluntary.
BAA query 5
Questions 5 asks no matter if the borrower voluntarily altered its operations because of COVID-19 (aside from ceasing or cutting back operations) on the grounds that March 13, 2020. This question might shed mild on the extra eligible expenses allotted for through the CAA 2021 concerning coated employee insurance plan costs. lined employee protection fees are defined as:
operating or capital expenditures that facilitate the difference of the company activities of an entity to comply with the requirements based or advice issued by using the branch of fitness and Human services, the facilities for disorder manage, or the Occupational security and fitness Administration, or any equivalent necessities centered or assistance issued with the aid of a State or native executive…related to renovation requirements for sanitation, social distancing, or any other worker or consumer protection requirement concerning COVID-19, but doesn't encompass residential genuine
property or intangible property.
whereas a Borrower is not required to record coated employee insurance plan bills as a part of their PPP debt forgiveness application, if they do document lined employee coverage charges on their application they may still make sure it aligns with what is being said on BAA query 5.
whereas there's an awful lot to unpack with regards to the quite a few federal stimulus applications, and the magnitude SBA kind 3509 will eventually have on a debtors uncertainty certification, the questionnaire remains required for borrowers whose foremost balance, when brought to associates, exceeds $2 million. The priority of reviewing and drafting answers to the questionnaire will strengthen as amendments to 2020 quarterly payroll tax forms are made for the ERC, 2020 financial statement and federal business revenue tax returns are finalized, and the ten month period relating to the deferment of personal loan funds continues to dwindle. corporations will should work toward a wholistic approach to make certain that all documentation and verbal exchange is constant amongst all returns and reports submitted to the federal executive.
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