The eligibility threshold for those with felony criminal histories has been changed. The look-back period has been reduced from 5 years to 1 year to determine eligibility for applicants, or owners of applicants, who, for non-financial felonies, have (1) been convicted, (2) pleaded guilty, (3) pleaded nolo contendere, or (4) been placed on any form of parole or probation (including probation before judgment).
The period remains 5 years for felonies involving fraud, bribery, embezzlement, or a false statement in a loan application or an application for federal financial assistance. The application also eliminates pre-trial diversion status as a criterion affecting eligibility.
SBA issued revised PPP application forms to conform to these changes. The guidance and revised application forms are available on SBA’s and Treasury’s websites. SBA will issue additional guidance regarding loan forgiveness and a revised forgiveness application to implement the PPPFA in the near future.
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Late night on June 10th, the SBA and Treasury released the 17th interim final rule to reflect changes made by the Paycheck Protection Program Flexibility Act. SBA also published updated application forms to use for loans made on or after June 5, 2020.
The new IFR is mostly a restating and clarification of what we already knew from the statute, its accompanying statement, and the recent Treasury statement.
We are still waiting for guidance for most of our questions, which is especially frustrating given that many PPP loan borrowers have reached or are nearing the end of the original eight-week covered period. As has been a consistent theme, the SBA and the Treasury have promised additional regulations and guidance soon. The concern over the constantly-changing, difficult-to-understand rules — which have been impossible to plan around thus far — has caused a big slow-down in applications. As of now, PPP loans must be approved by June 30th (not applied-for, but approved-by).
(For those who haven’t yet applied: these days I’m finding Funding Circle to have the quickest turnaround and easiest application process for new borrowers. No, I do not receive any benefits from them.)
The biggest problem with the PPP is that you will likely need an accountant (or you could possibly get away with an advanced degree in mathematics) to figure out how to calculate the forgivable portion of the loan — which is hard enough on its own, but even harder when trying to plan, as the rules keep changing. The government did not — in any of the three Acts that involve these loans — realize the administrative burden these rules place on business owners… especially at a time when they’re trying to figure out how to survive the coronavirus shutdown and cautious reopening of our economy.
That said, it may no longer be “free” money, but in most cases, it is definitely still worth it. I’ve been attending the weekly AICPA Town Hall meetings and reporting on them to my clients and colleagues, and making some of those recordings available for the public, in hopes that it will help guide you (or your clients) to making better decisions about how to use the funds.
Here are my notes from the above zoom session, in case it’s easier to read than to listen/watch, or in case you’d like to follow along.
I have taken three webinars on the new PPP forgiveness rules in the past week — and gotten three different interpretations, and a lot of misinformation. So please keep in mind that I am only AN expert, not THE expert.
AICPA Town Hall 6/11 – WHAT WE KNOW
Treasury statement came out 6/8 and more guidance released 6/10.
60% cliff fixed!
Extension to 24 weeks is automatic; can elect 8-wk period on forgiveness application.
The Interim Final Rule released today does not address FTEs. As-written, we’ll have to keep FTEs up for 24 weeks. Alternatives: expansion of FTE reduction exemptions AND/OR Safe Harbor of 12/31/20.
May not use the old application… wait for new one.
Simplified application expected for those with no employees — at the very least, AICPA will release simplified spreadsheet.
You do not have to wait until the end of the 24 weeks to apply for forgiveness if you meet the requirements.
If you use the 8-week period, the new 60% rule applies – you do not still need to meet the 75% rule.
They are trying to get every loan forgiven as much as possible – guidance will be lenient; more relief may come.
Treasury referred to ACIPA forgiveness spreadsheet as the gold standard (yay!)
You can reapply for PPP if you returned the money or didn’t get full funding.
RECOMMENDATION — OPT IN TO PAYROLL TAX DEFERRALS!
June 10: Sec. Carranza indicated new EIDL applications will be accepted starting next week!
WHAT WE DON’T KNOW
1) Owner compensation limits – extended to 24/52 of 2019… or remain at 8/52? Waiting for guidance.
2) Will the FTE reduction rule remain in place as-is? It was hard enough for clients to keep average FTE at 100% of their comparison period for 8 weeks, but 24 weeks will render this new “flexibility” useless. Currently, for clients in this situation who cannot use expansion of FTE reduction exemptions or Safe Harbor of 12/31/20, we are encouraging sticking with original 8-week covered period. (Compass Tax agrees this is the largest remaining concern.)
3) FTE reduction flexibility — the examples I’m seeing are when companies don’t have the same level of activity due to agency standards. But what if you’re “allowed” to open at 100% capacity, but you just don’t have enough business anymore? Currently “too bad” as-written… will this change with SBA interpretation?
4) FTEs – the 1.0 vs 0.5 shortcut calculation… do we still have to calculate this on a weekly basis? I have two colleagues who say you can just count any PT staff who worked at any point during the forgiveness period as 0.5, and similarly for FT, but none of the FTE calculators or case-studies I’ve seen have used this approach. This would make passing the FTE test SO MUCH EASIER.
5) Our clients who (for various reasons) did not apply for PPP beforehand, we had them take the ERTC instead. So now that the forgiveness rules have changed, they want to apply for PPP; but they are disqualified because you can’t do both. Best solutions here? Backing out the credits before filing the 941? Amending the 941? AICPA response: “If they receive the ERC, they are ineligible for PPP per the CARES act.”
6) EIDL advance grant — subtract from PPP forgiveness or not? Some folks are saying you have to deduct EIDL advance grant from PPP forgiveness — some say you only do this if you spent it on same costs as PPP. It looks like on the PPP application you have to deduct it… BUT it says “if applicable”. Since the CARES Act is clear about the fact that it does NOT have to be deducted if taken after April 6 and not used for the same costs, many are saying the “if applicable” means only if pre-April 6th or if used on the same costs as PPP. It sounds like you’re saying that’s not your interpretation, even though it’s in the CARES Act? AICPA had previously said on their FAQ that we’re waiting for SBA guidance on this. Now they’re saying it has to be subtracted. “If an advance is received, it will reduce PPP forgiveness. If they are used for different purposes, a borrower is able to take loans from both programs but it does not impact the reduction of the advance from the PPP forgiveness.”
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They summarized the main points of the Act and clarified a few things that were previously unclear to folks who didn’t read it in full and who missed the accompanying Congressional Statement of Intent. Luckily if you are a regular reader of this blog, you got the news correct first-time around.
(And yes, I am annoyed by old-white-cis-male attorneys telling me that the points I pulled directly from the AICPA Town Hall and their summary were “matters of my opinion”. Anyone who knows me knows I do not take being condescended to well — especially not by lawyers, and especially not by white male lawyers. But I digress.)
But they also made a very important additional point: they eliminated the 60% “cliff” Rubio was worried about, and stated unequivocally, “If a borrower uses less than 60 percent of the loan amount for payroll costs during the forgiveness covered period, the borrower will continue to be eligible for partial loan forgiveness, subject to at least 60 percent of the loan forgiveness amount having been used for payroll costs.”
They also noted that they “will promptly issue rules and guidance, a modified borrower application form, and a modified loan forgiveness application implementing these legislative amendments to the PPP”.
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I’ve been doing regular 40-minute free zoom sessions for my clients and colleagues for a few months now, mostly centering on questions concerning PPP & EIDL applications and forgiveness.
Today we did one on the recent big changes to the PPP forgiveness program, and many have asked me for the recording, so I decided to make it public — to assist them and others out there in getting the facts (well, at least the ones we know so far).
The AICPA has come out with the best summary I’ve seen so far, which is what I chose to use in the zoom session as a reference — so if you don’t have 40 minutes handy, take a quick look at it instead (or in addition):
And of course, the inimitable Tony Nitty has gotten to the core of the issue by pointing out all the stuff we don’t know yet. His excellent analysis can be found at Forbes, as always.
More to come — hopefully soon, as I have many clients whose initial forgiveness period is about to come to a close, and we can only remain in a holding pattern for so long.
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Honestly, I’m shocked. (And a little worried — but mostly pleased and shocked.)
When the House passed their extremely generous Paycheck Protection Program reform bill last week (which I affectionately termed “Relief for the Relief Program”), the Senate made it clear there was no way it would clear their chambers: “Multiple members are opposed for different reasons,” GOP Sen. John Thune of South Dakota told CNN on Tuesday, as he suggested that fast-tracking the legislation this week didn’t look likely. Every single pundit, journalist, and even my colleagues at the AICPA said there was no way such a windfall would make it past the Senate. Surprise!
Tonight it passed with an overwhelming majority, and it — mostly — will likely make forgiveness so much easier for small businesses (and the big ones who managed to get the funding despite everything, but that’s old news). We now await its signing between golf outings.
It will allow borrowers to extend the forgiveness period from eight to 24 weeks (or December 31st, whichever is shorter).
It will lower — to 60% from 75% — the minimum portion of the PPP loan that must be spent on payroll. As before, the rest must be spent on rent, utilities and other business-related expenses.
It will expand the exceptions for employers who are not able to re-hire staff due to COVID-19, and extend the safe harbor rehire date to December 31st.
It will extend the repayment period start-date for the non-forgiven portion from six months (the prior rule), to the date when SBA has processed the forgiveness application from the lender — or if the borrower doesn’t apply for forgiveness, then ten months after the last day of the covered period. This also means that you have ten months after the forgiveness period in which to apply for forgiveness.
It will extend from two to five years the time new PPP loans must be paid back (with an option for as much as ten) if the amount provided doesn’t convert into a grant. (So far this is only for PPP loans that haven’t been awarded yet, not retroactive to existing loans; but borrowers may work with lenders to amend terms if needed.)
Mostly, this is just amazing. My clients are struggling to jump through all the hoops to spend this money according to the unbelievably complex rules — ones that don’t seem to have much connection to the reality we’re facing right now, especially in the hospitality industry.
So why am I concerned? Because yesterday Marco Rubio said this: “People need to know that the way the Treasury has told us they are going to interpret that bill — if you don’t spend 60% of your money on payroll, if you only spend 59.9%, you will get zero forgiveness.”
MarketWatch reported: “There’s some issues with it that are going to cause people problems, and I just want everybody to know that ahead of time,” Florida’s senior senator also said. “I think still we’re better off passing it than not passing it.”
So of course I am concerned that it sounds like the phase-out of forgiveness that we previously had in the rules is going away. Rubio pointed out that, “procedurally, the problem is if we change the House bill, we’ve got to send it back then,” which is clearly not an option, as this is already “too little, too late”. As it is, I have clients who will not get to use this new relief, as their forgiveness periods end in a few days and they spent all the money based on the old rules — paying staff to do nothing, at a business that is still closed by law.
But for those who can benefit from it, I am thrilled. Now we await signing, and then an inevitably much longer wait for Treasury to issue necessary guidance to answer the many questions this creates.
Please note that several large companies and chains have returned their multi-million-dollar PPP loans, so there is now more than $130 billion available — for eligible nonprofits, companies, and gig workers. So please apply now if you haven’t already!
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Note: I’ll continue to add to this list as the City releases more dates.
Wednesday, 6/3 at 3:00 PM Webinar Marketing Basics: What you need to know! Presented by Donna R. Rockin, Managing Partner at Rockin Enterprises, Inc. At this presentation, you’ll learn how to identify your Unique Selling Proposition (USP) as well as identify your target markets or ideal customers. The four cornerstones of marketing will also be reviewed and discussed: Product, Price, Promotion and Placement. Finally, learn 10 low-cost methods to promote your goods or services. Click hereto register for the Wednesday, 6/3 Webinar.
Friday, 6/5 at 9:30 AM Webinar COVID-19’s Impact on Employment Handbooks & Policies Going Forward Presented by Charles Krugel, a Management Side Labor, Employment and Human Resource Attorney An interactive discussion concerning the kinds of policies and practices employers will need to consider upon reopening. Click here to register for the Friday, 6/5 Webinar.
Wednesday, 6/10 at 3:00 PM Webinar Plan for A Successful Business Presented by Score Chicago A great Business Plan leads to success. A thoughtful and well-executed business plan is the first step for every potential entrepreneur. Good planning increases the odds of success. This workshop covers the essential elements of business plan development. Topics include: setting goals and objectives, preparing marketing and financial plans and defining action steps to attain appropriate goals. With a good plan, build your road map to success. • Establish the information needed for a detailed business plan. • Create the Environment of the Company • Establish Pro Forma P&L Statements • Identify the Risks • Develop the Expected Cash Flow • Prioritize Your Action Steps Click here to register for the Wednesday, 6/10 Webinar.
Friday, 6/12 at 9:30 AM Webinar Introduction to Intellectual Property, Part I Presented by Lema Khorshid, Fuksa Khorshid LLC An introductory seminar for the savvy entrepreneur who wants to learn to identify the basic forms of intellectual property and formulate an effective intellectual property strategy for his/her business. Click hereto register for the Friday, 6/12 Webinar.
Tuesday, 6/16 at 2:00 pm Webinar Labor Standards Records Requirements and Other Employer Obligations Presented by Office of Labor Standards Review of employer obligations including record requirements and notice/ posting. Click here to register for the Tuesday, 6/16 Webinar.
Wednesday, 6/17 at 3:00 PM Webinar Accounting in Quickbooks Presented by Trak Patel, ARCC Consulting Learn how to keep your financial recordkeeping books using QuickBooks. We will identify the differences between QuickBooks Online vs. QuickBooks Desktop and list the important features and benefits. Click here to register for the Wednesday, 6/17 Webinar.
Wednesday, 6/17 at 2:00 PM & Thursday 6/18 at 10:00 AM Webinars Outdoor Dining during Phase Three Presented by the Department of Business Affairs and Consumer Protection (BACP), the Chicago Department of Transportation (CDOT) and the Department of Cultural Affairs and Special Events Join this webinar for an overview of all outdoor dining options during Phase Three of Chicago’s Reopening Plan. This webinar will cover rules and guidelines for outdoor dining, including how to obtain a sidewalk café permit or the new Expanded Outdoor Dining Permit. Click here to register for the Wednesday, 6/17 2:00 pm webinar. Click here to register for the Thursday, 6/18 10:00 am webinar.
Thursday, 6/18 at 2:00 pm Webinar Anti-Retaliation Ordinance Presented by Office of Labor Standards Overview of the new Anti-Retaliation Ordinance, designed to protect workers from retaliation during COVID-19. Click hereto register for the 6/18 Webinar.
Friday, 6/19 at 9:30 AM Webinar How to Open a Concession at O’Hare and Midway International Airports Presented by the Chicago Department of Aviation – Concessions Department and Unison Retail Management Are you interested in operating a restaurant or shop at O’Hare or Midway International Airport, but don’t know where to begin? Come and learn about the Request for Proposals (RFP) process and how to operate a business at the airport. This workshop will also provide an overview of the Airport Concessions Disadvantaged Business Enterprise (ACDBE) program. Click here to register for the Friday, 6/19 Webinar.
Monday, June 22 at 10:00 AM and 1:00 PM Webinars Indoor Dining: Options for Restaurants and Bars Presented by the Chicago Department of Business Affairs and Consumer Protection The City of Chicago has announced that bars and restaurants can begin indoor service under limited capacity and strict guidelines on Friday, June 26. Join this webinar for an overview of the guidelines for bars and restaurants to reopen indoors. Click hereto register for the 6/22, 10:00 AM Webinar Click here to register for the 6/22, 1:00 PM Webinar
Phase Four Webinars While the phase four start date has not been announced, the Department of Business Affairs and Consumer Protection will be holding webinars to help all industries prepare for the phase four guidelines. Tuesday, June 23 at 9:00 AM: Hotels – click here to register Tuesday, June 23 at 10:00 AM: Personal Services – click here to register Tuesday, June 23 at 11:00 AM: Health and Fitness – click here to register Wednesday, June 24 at 9:00 AM: Arts/Performance Venues and Museums – click here to register Wednesday, June 24 at 10:00 AM: Retail – click here to register Wednesday, June 24 at 11:00 AM: Restaurants and Bars – click here to register
Wednesday, 6/24 at 3:00 PM Webinar The Power Is In Your Pivot: Series 2 Presented by ChiBizHub This webinar, is the second in a series that will convene a panel of business owners and ChiBizHub resource providers to share insight on how they’ve pivoted their businesses during COVID-19. The webinar will provide an overview and tips on how these businesses have remained relevant, gained a new customer base and skills amidst the pandemic to keep their businesses alive. Click here to register for the Wednesday, 6/24 Webinar.
Thursday, 6/25 at 10:00 AM Webinar COVID-19 Relief for Small Businesses Presented by: An SBA Illinois District Representative Join us for an update on the Small Business Administration’s programs to assist small businesses impacted by the COVID-19 pandemic, including the Economic Injury Disaster Loan Program, the Paycheck Protection Program, and more. We’ll discuss eligibility requirements, applying for forgiveness, and other sources of funding. Bring your questions! Click here to register for the Thursday, 6/25 Webinar.
Friday, 6/26 at 9:30 AM Webinar Tips & Tricks for Networking in a Pandemic World Presented by Anna Maria Viti-Welch, President of the Viti Companies Anna Maria Viti-Welch, President of The Viti Companies, will discuss strategies for building business through networking in unusual global circumstances – business might be on pause, but networking is still going strong. Bring your questions! Click here to register for the Friday, 6/26 Webinar.
To view Reopening Chicago: Retail Service, click here. To view Reopening Chicago: Food Service, click here. To view Reopening Chicago: Health and Fitness,click here. To view Reopening Chicago: Personal Services,click here. To view Overview of Chicago’s Reopening Plan for Businesses (Spanish), click here. To view Overview of Chicago’s Reopening Plan for Businesses, click here.
And get ready for the upcoming Phase 4 with Phase Four Webinars: The Department of Business Affairs and Consumer Protection is holding webinars to help all industries prepare for the Phase 4 guidelines.
If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
UPDATE: the webinar dates have passed, but the City of Chicago has made most of the recordings available for viewing, and on the BACP Business Re-Opening Portal.
To view Reopening Chicago: Retail Service, click here. To view Reopening Chicago: Food Service, click here. To view Reopening Chicago: Health and Fitness,click here. To view Reopening Chicago: Personal Services,click here. To view Overview of Chicago’s Reopening Plan for Businesses (Spanish), click here. To view Overview of Chicago’s Reopening Plan for Businesses, click here.
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BACP will be holding a series of webinars to prepare Chicago’s businesses for reopening under Phase 3 of the Protecting Chicago framework.
Specific Industry Webinars:
Monday, 6/1 at 3:00 PM Webinar Reopening Chicago: Personal Services This webinar will provide an overview of the industry guidance for Personal Services such as hair/nail salons, barbershops, tattoo parlors, as they prepare to reopen in Phase Three. Click here to register for the Monday, 6/1 Webinar.
Tuesday, 6/2 at 12:00 PM Webinar Reopening Chicago: Health and Fitness This webinar will provide an overview of the industry guidance for Health and Fitness Centers as they prepare to reopen in Phase Three. Click here to register for the Tuesday, 6/2 12:00 PM Webinar.
Tuesday, 6/2 at 4:00 PM Webinar Reopening Chicago: Food Service This webinar will provide an overview of the industry guidance for Food Service establishments, such as restaurants and coffee shops as they prepare to reopen for outdoor dining in Phase Three. Click hereto register for the Tuesday, 6/2 4:00 PM Webinar.
Wednesday, 6/3 at 12:00 PM Webinar Reopening Chicago: Retail This webinar will provide an overview of the industry guidance for Retail Stores as they prepare to reopen in Phase Three. Click hereto register for the Wednesday, 6/3 Webinar.
Thursday, 6/ 4 at 4:00 PM Webinar Reopening Chicago: Commercial Buildings This webinar will provide an overview of the industry guidance for Commercial Buildings as they prepare to reopen in Phase Three. Click here to register for the Thursday, 6/4 Webinar.
If this or any other posts on the website were useful to you, and your financial situation permits it, please consider contributing to my tip jar. This allows me to continue to provide free accounting resources to small businesses who do not have the funds available to hire a CPA.
Illinois is facing immense challenges as a result of COVID-19, including rising unemployment, health care issues and significant impacts on small businesses. Join U.S. Senator Dick Durbin as he explores the effect of the pandemic on our state, as well as his insights on international vaccine efforts, the need for increased testing and what Congress should do next in response to the crisis.
Featured Speaker: U.S. Senator Dick Durbin, State of Illinois Moderator: Greg Hinz, Political Reporter, Crain’s Chicago Business
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UPDATE: THIS POST IS ALMOST A YEAR OLD AND NO LONGER IS USEFUL INFORMATION.
(Way too many folks are landing on this page and I want to dissuade them from using this as a reference — there have been so many changes to the PPP since this was published. Make sure you restrict any internet searches to posts made in the past month!)
I’m getting this question a lot:
I have someone telling me that they can use all 100% of their PPP for payroll instead of the 75/25 rule of payroll/rent+utilities. Is that correct?
Yes, it is — and yes, you absolutely want to include all of your payroll costs in the forgiveness application calculations!
Some folks are in the situation whereby they have more payroll costs than 75% of the loan will cover. In fact, in some cases, the entire PPP loan — 100% — will be used on payroll costs. And that’s a good thing when it comes to requesting forgiveness, for reasons I’ll explain.
In my firm, for example, I’m paying staff tax-season rates right now, and I have a new employee as of January 2020… but my loan total was calculated based on the average of all of 2019 — so it’s much lower than my actual current payroll costs. I’ll be using 100% of my PPP funds for payroll (and then some). By including all my payroll costs in the forgiveness application and projection calculations, I don’t have to worry about going to the effort of submitting rent/mortgage interest and utilities costs (which are very low for me anyway, as my staff is entirely work-from-home).
But it’s not just a matter of having low overhead and not wanting to spend administrative effort to gather mortgage interest and utilities cost substantiation… it’s more importantly because for forgiveness, we’re all aiming to hit three important tests: the FTE reduction, wage/salary reduction, and 75% of forgiveness hurdles. These are all based on payroll measurements, so it’s best when plugging in your forecasting calculations to first include all the payroll you can… and then just make up the difference with non-payroll costs. The total forgiveness cannot exceed the loan total, so there is no harm in taking this approach.
It is, after all, a Paycheck Protection Program.
Reminder: owners themselves (be they sole proprietors, partners, or shareholder-employees) cannot have more than 8/52 of their 2019 compensation forgiven for PPP purposes, which does mean that for a business owner with no employees, they will not be able to use 100% of the funds for payroll. But for everyone else, yes!
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I’ve been doing regular 40-minute free zoom sessions for my clients for a couple months now, mostly centering on questions concerning PPP & EIDL applications and forgiveness.
1) I have taken six webinars on the new PPP forgiveness rules in the past week — and gotten six different interpretations. They vary widely, on topics such as the EIDL advance subtraction, incurred and-vs-or paid, what an acceptable utility is… as well as some flat-out mistakes (such as including owner compensation in FTE/wage reduction calculations — this is simply not okay). There was even one where the person doing the presenting and the person answering questions in chat were conflicting with each other. So keep in mind that just because someone (including me) sounds confident — this does not mean they are right. They’re just AN expert… there is currently no such thing as THE expert. Just do your best with the information you have — the smartest approach to take is to do whatever you can to make it easy for your banker to just glance at your substantiation and decide it’s sufficient to support your calculations, whatever interpretation you choose.
2) This tool is a DRAFT. For one, there are some small errors in it that I’ve reported to the AICPA; but more importantly — we know this guidance is going to change. In fact, there is pending relief legislation in Congress (to extend the forgiveness period or remove the 75% rule) that may render most of what we’re doing now useless (including the fact that we don’t yet know when we’ll be submitting anything for forgiveness).
However: some folks are more than half-way through their forgiveness period and we have to plan based on the law as it stands now… and hitting the FTE reduction, salary/wage reduction, and 75% of payroll tests is hard. So as a tool for forecasting, as well as establishing your goals and gauging your progress, I encourage you to fill this spreadsheet out to the best of your ability, so you aren’t surprised by a large loan balance at the end of this.
3) Remember, you will only fill out the sections on the application that are highlighted in BLUE. The spreadsheet bases all calculations on that data. Grey fields are calculated, and green are ones that pull from data you entered elsewhere. The instructions aren’t entirely complete, and there are a couple small errors, but it’s still the best tool I’ve found out there (including my own). The spreadsheet formula cells are locked, but you can resize any areas you need to in order to view the full content. Lastly, it seems maybe folks with Macs or using cloud spreadsheet software may have challenges getting their systems to recognize it’s not read-only.
Best of luck, and I’ll try to post other examples for other entity types as time allows.
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