Coronavirus Food Assistance Program (CFAP) – Direct Payments to Farmers

by Evan Benevento

Like almost every industry, farmers and ranchers are not immune from the negative effects of the COVID-19 pandemic and economic shutdown. Producers of specialty crops, especially those that partnered with food service customers are seeing declining revenues. In order to provide some economic relief to those that produce our food, the USDA has set up the Coronavirus Food Assistance Program (CFAP) which will provide up to $16 billion in direct payments to farmers.

Producers of specified agricultural commodities who have suffered a five percent-or-greater price decline as a result of the COVID-19 pandemic and who face substantial marketing costs for inventories are eligible for CFAP payments. The list of eligible commodities includes: Apples, Blueberries, Broccoli, Cauliflower, Lettuce (Iceberg and Romaine), Raspberries, Spinach, and Strawberries. A full list of eligible commodities and CFAP payment rates can be found here: https://www.farmers.gov/cfap. Note: If you are a producer of aquaculture products, nursery products, or cut flowers the USDA wants to hear from you about prices and the effects of COVID-19. Contact your local USDA service center which can be found here: https://offices.sc.egov.usda.gov/locator/app.  

Due to our location in the Pajaro Valley and neighboring Salinas Valley we will be focusing only on specialty crops for this post, and there are up to three categories of payments for specialty crops:

  • Category one payments are for crops that suffered a more than five percent price decline between January 15, and April 15, 2020.
  • Category two payments are for produce that was shipped but subsequently spoiled due to a lack of marketing channel.
  • Category three payments are for shipments that did not leave the farm or mature crops that remained unharvested.

Not all specialty crops will qualify for all categories of payments. The USDA has indicated that they will request documentation from producers to substantiate claims on a case-by-case basis and some details are yet to be determined.

For category one crops, the USDA is expecting producers to maintain records, such as a bill of sale, documenting the price received for the crop.

For category two, the producer must obtain documentation such as a letter from the buyer explaining non-payment or other record that validates the non-payment claim. Only crops that have met contractual obligations of delivering crop to the buyer but have not been paid will qualify.

Category three payments are for crop shipments that did not leave the farm by April 15, 2020, (for example, were harvested but sitting in crates on the farm), or mature crops that were unharvested by that date (for example, disked) due to lack of buyers, and which have not been and will not be sold. If you are unable to provide adequate documentation of pounds of crops spoiled or acres disked you may not qualify for payment.

There is a payment limitation of $250,000 per person or entity for all commodities combined. Applicants who are corporations, limited liability companies or limited partnerships may qualify for additional payment limits where members actively provide personal labor or personal management for the farming operation (400 hours test). Producers will also have to certify that they have less than $900,000 of Adjusted Gross Income unless at least 75 percent or more of their income is derived from farming, ranching or forestry-related activities. Eligible producers will be able to apply beginning May 26, 2020, and the application and additional information can be found here: https://www.farmers.gov/cfap.

The Coronavirus pandemic has caused unprecedented disruption across industries and has negatively affected producers of our nation’s food supply. Through the USDA CFAP program, eligible farmers can receive direct payments for losses due to the pandemic. This program can benefit many local farmers and ranchers, even those who have never participated in a farm program before, and may be worth the time commitment for the application process.

Wondering if you’re eligible for a CFAP direct payment or need assistance preparing for or completing the application? We’re here to help! Please call 831-726-8500 or contact email@wheelercpa.com.

Tips for Deducting Medical and Dental Expenses

If you, your spouse, or dependents have significant medical or dental costs in 2019, you may be able to deduct those expenses when you file your tax return this year. Here are eight things you should know about medical and dental expenses and other benefits:

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Employee Retention Credit Could Help Your Business

Businesses that have been impacted financially by COVID-19 may be able to take advantage of a new, refundable tax credit called the Employee Retention Credit. The credit is designed to encourage businesses to keep employees on their payroll and is worth 50 percent of qualifying wages up to $10,000 that are paid by an eligible employer.

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It’s that time again: Do you have a Form BE-10 Filing Obligation?

Form BE-10, “Benchmark Survey of U.S. Direct Investment Abroad,” issued by the Commerce Department’s Bureau of Economic Analysis (BEA), is filed every 5 years for U.S. Persons with Non-U.S. Investments. The BE-10 survey is one of many mandatory surveys to collect information on US investment abroad and foreign investment in the US. The BE-10, which has a series of component parts, is the BEA’s benchmark survey of US direct investment abroad and is used to produce statistics on changing trends in investment activities of US-owned businesses in other countries. The BE-10 survey is conducted every five years and this year’s survey covers fiscal years ending in 2019. The survey is used to produce statistics on the scale and effects of US-owned business activities abroad. Business leaders use these statistics to inform decisions about hiring and investing. Policymakers and researchers use them to analyze the impacts of direct investment on jobs, wages, productivity and taxes.

The BEA publishes US economic and industry statistics, including international transactions and investments, and is authorized to mandate reporting under the International Investment and Trade in Services Survey Act (the “Act”). The Act generally requires that the BEA collect information on international investment and foreign trade in services. The confidentiality of the information collected by the BEA is protected under the Act and the BEA is prohibited from granting another agency access to the data for tax, investigative, or regulatory purposes.

A BE-10 report is required of any U.S. person that had a foreign affiliate – that is, that had a direct or indirect ownership or control of at least 10 percent of the voting stock of an incorporated foreign business enterprise, or an equivalent interest in an unincorporated foreign business enterprise – at the end of the U.S. person’s 2019 fiscal year. A response is required from entities subject to the reporting requirements, whether or not contacted by BEA. If you were NOT notified by BEA to file a BE-10 survey, and you do NOT meet BE-10 filing requirements, no action is necessary.

A complete BE-10 report is due on the following dates:

  • May 29, 2020 for a U.S. Reporter required to file fewer than 50 Forms BE-10B, BE-10C, and/or BE-10D.
  • June 30, 2020 for a U.S. Reporter required to file 50 or more Forms BE-10B, BE-10C, and/or BE-10D.

Given recognized compliance challenges due to the COVID-19 precautions in the current environment, the BEA is flexible with granting extensions up to August 31st, where US Reporters contact the BEA in advance and receive approval from the BEA. Without approval, the deadline for the 2019 BE-10 Survey forms remains (a) May 29th, 2020 for respondents with fewer than 50 BE-10 forms and (b) June 30th, 2020 for respondents with 50 or more BE-10 forms to complete.

The BE-10 series of surveys is often overlooked because it is only required every 5 years, and is NOT a tax form. Your accountant or tax lawyer may not prepare it unless you ask them to help. Like many of the foreign reporting forms, the penalties are draconian.

Determining whether a US individual or entity has a BE-10 reporting obligation can be complicated, especially for those holding interests in a multi-tiered ownership structure. Wheeler Accountants is able to assist clients in confirming whether they have a reporting obligation, help in consolidating filings and, if needed, assist with preparation of Form BE-10.

If you are unsure if you meet the filing requirements, contact us and we can be of assistance.

City of Watsonville Emergency Assistance Program For Small Businesses

by Evan Benevento

The City of Watsonville is providing grants of up to $2,000 for small businesses in the city limits who have gross revenues of less than $2 million for utilities and rent payments after 3/15/2020. Grant recipients will have their bills paid directly from the city. If the business has already received an SBA Economic Injury Disaster Loan they are not eligible to apply.

The following documentation will be necessary if selected to receive the grant:
• Copy of 2018 Sch C OR first page of 1120 or 1065 OR 2019 profit and loss
• Copies of utility bills due
• Copies of current rent/lease agreement
• Copy of applicant owner’s driver’s license or CA ID
• Bank statements from March and April 2020

More information and the application can be found here: https://docs.google.com/forms/d/e/1FAIpQLSfqYb6-iz93BJml4vrLbUGdnnPu4TtV7Xci5qxOtbg7tzvu5w/viewform

The applications are due this Friday 5/8/2020 at 3:00 PM PST.

Watch Out for Coronavirus-related Scams

Taxpayers should be on the lookout for calls and email phishing attempts regarding the Coronavirus, or COVID-19 that could lead to tax-related fraud and identity theft. Because criminals take every opportunity to perpetrate a fraud on unsuspecting victims during times of need, taxpayers should also be skeptical about text messages received and websites and social media attempts to request money or personal information.

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Relief for Other Coronavirus-related Tax Issues

Relief for taxpayers facing the challenges of COVID-19-related tax issues is now available through the IRS People First initiative. The projected start date will be April 1 and the effort will initially run through July 15, 2020. During this period, to the maximum extent possible, in-person contact will be avoided; however, the IRS will continue to take steps where necessary to protect all applicable statutes of limitations.

Some of the highlights affecting taxpayers include:

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Tax Breaks Help Small and Medium-sized Employers

Small and medium-sized employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act (Act), signed into law on March 18, 2020.

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