News of the Day

Small business owners across Wisconsin and the country may be forced to pay higher taxes after receiving money from the federal Paycheck Protection Program (PPP), adding to their costs at a time when many have seen their revenue crushed by the COVID-19 pandemic.

But in mid-November, the U.S. Treasury Department and the IRS said if a business paid for expenses with money from a PPP loan that has been or will be forgiven, businesses cannot deduct those expenses from their taxes — deductions that would otherwise be routine in past years.

Without being able to deduct those expenses, many small businesses will be faced with a higher tax bill, a reality Republicans and Democrats in Congress say is not what lawmakers intended when they created the program.

In a joint statement on November 19, U.S. Sens. Chuck Grassley, R-Iowa, chair of the Senate Finance Committee, and Ron Wyden, D-Oregon, ranking member of the committee, urged the Treasury Department to reconsider the ruling, saying the department along with the IRS was ignoring the intent of Congress.

“Since the CARES Act, we’ve stressed that our intent was for small businesses receiving Paycheck Protection Program loans to receive the benefit of their deductions for ordinary and necessary business expenses,” Grassley and Wyden wrote. “Regrettably, Treasury has now doubled down on its position in new guidance that increases the tax burden on small businesses by accelerating their tax liability, all at a time when many businesses continue to struggle and some are again beginning to close. Small businesses need help maintaining their cash flow, not more strains on it.”

On December 3, hundreds of national trade groups like the Associated General Contractors of America and the National Beer Wholesalers Association sent a letter to leadership in Congress urging them to pass legislation before the end of the year to correct what they called “an avoidable catastrophe for millions of small businesses.”

“The effect of this (IRS) ruling is to transform tax-free loan forgiveness into taxable income, raising the specter of a surprise tax increase of up to 37 percent on small businesses when they file their taxes for 2020,” the letter said.

When Gov. Tony Evers unveils his proposed 2021-23 budget early next year, he will do so amid elevated unemployment, slowing state tax collections, and the spending pressures created by an ongoing pandemic and increased demand for social services. How well will the state’s finances hold up to the strain?

To examine this question, the Wisconsin Policy Forum started with the state’s projected increases in tax collections along with its base spending levels. After including routine adjustments for debt payments and employee compensation but excluding all new spending requests by state agencies, we find general fund spending is currently projected to exceed revenues by $373.1 million in the two-year budget running from July 2021 to June 2023. To make up the difference – equal to about 1% of spending over the two years – the state would have to spend down reserves, adopt spending cuts or tax increases, delay payments for certain obligations, or draw on some other new source such as additional federal aid.

Our bare-bones tally did not factor in the projected expense of maintaining current services within Medicaid health programs – more than $1.1 billion over the next two years – or include additional spending on pandemic response, state aid to K-12 schools or local governments, prisons, or the University of Wisconsin System. New spending in at least some of these areas appears inevitable, particularly in the case of Medicaid, and will add to the challenge substantially.

In one bright spot, the state expects to finish the current 2021 fiscal year with reserves of roughly $2 billion – much more than was expected a year ago or was available in the past two recessions. However, Evers has proposed spending $541 million on pandemic response in the coming months and GOP lawmakers have proposed up to $100 million, which if approved in either case would reduce that total.

For now, these are mere projections and all forecasts should be taken with great caution in this volatile time. Further action by the federal government might improve the state’s position specifically or the economy more broadly while federal inaction and a spike in coronavirus cases could cause the economy – and state budget – to deteriorate even more.

Wisconsin Gov. Tony Evers on Thursday asked federal officials to prioritize Wisconsin for COVID-19 vaccine distribution, citing concerns about high case numbers, strained hospitals and a lack of statewide mitigation efforts.

He also sent a letter to President Donald Trump and the state’s congressional delegation Thursday saying that Wisconsin needs an additional $466 million for COVID-19 testing, contact tracing, hospitals, vaccine distribution and public messaging for just the first quarter of 2021.

Wisconsin health officials on Wednesday said they expect to begin distributing vaccines in mid-December.

“Our current understanding based on what we have been told by CDC is we will receive 49,725 the first week vaccine is distributed (December 14), but that is subject to change,” said Elizabeth Goodsitt, a spokeswoman for the state Department of Health Services. “We expect to get more shipments weekly to follow.”

The state’s COVID-19 response will cost $466 million in the first quarter of 2021, Evers said. That includes:

• $255 million for testing kits and lab diagnostics
• $58 million for testing sites
• $36 million for contact tracing
• $105 million for hospital system surge capacity including continued operation of the field hospital at State Fair Park
• $10 million for vaccine infrastructure readiness
• $2 million for public health guidance and awareness

Yesterday, Governor Tony Evers announced that restaurants and other targeted small businesses affected by the COVID-19 pandemic will receive $45 million in assistance. The program, We’re All In For Restaurants, is aimed at businesses throughout Wisconsin that, as gathering places, have been challenged from the beginning of the pandemic, and are incredibly important employers and community members.

“Restaurants and other venues have been among the businesses hit hardest by the COVID-19 pandemic,” Gov. Evers said. “They’ve made the tough decisions to keep employees and customers safe by restricting indoor seating, offering delivery and curbside pick-up, and providing outdoor tables. We greatly appreciate the changes they’ve made to prioritize the health and safety of our communities, but now with winter coming, we are glad to provide this support at a critical time.”

The program will be administered by the Department of Revenue (DOR) in collaboration with WEDC. Unlike previous We’re All In grants, businesses will not have to apply for the grants, but will be identified and contacted directly by the DOR based on the businesses’ state tax records.

According to preliminary DOR estimates, restaurants will account for roughly 95 percent of the approximately 2,000 businesses to receive the funds. The program will target businesses with annual revenues of more than $1 million and less than $7 million. Previous state grant programs have focused on businesses with annual revenues of less than $1 million.

This is the third phase of the We’re All In grant program from WEDC aimed at helping businesses weather the economic storm created by the pandemic. The first phase provided more than $65 million in grants to more than 26,000 businesses statewide, while the second phase is currently disbursing more than $120 million to more than 24,000 small businesses statewide.

Funding for We’re All In programs comes from the Coronavirus Aid, Relief and Economic Security (CARES) Act. 

Republicans who control the Wisconsin Senate won’t take up any COVID-19 relief measures before January, the incoming majority leader said Wednesday, even though Assembly Republicans have said they’re open to coming in this month and Democratic Gov. Tony Evers has urged swift action before federal money runs out.

The Centers for Disease Control and Prevention (CDC) will shorten its recommended quarantine period for people exposed to the coronavirus to as little as seven days, CNN reported.

Under the new guidelines, quarantines can end after seven days for people who test negative and 10 days for those who do not get tests instead of the current 14-day period for both groups.

CDC Director Robert Redfield announced the update Tuesday in a meeting of the White House coronavirus task force, according to CNN, which cited two senior administration officials. Vice President Pence, the head of the task force, has reportedly been pushing the CDC for a review of the recommendations for several months, and the topic has long been under discussion.

The CDC previously defined a close contact as involving continuous exposure to a person with the virus for 15 minutes. It currently defines it as 15 minutes in total within six feet of an infected person. In July, the agency altered its recommendations for how long a person should isolate after first experiencing symptoms, shortening the period from 14 days to 10 if the person is not symptomatic by the end of that period.

A lawsuit over whether the state can release data on businesses in Wisconsin tied to COVID-19 outbreaks will proceed after a judge on Monday denied motions from the state and the Milwaukee Journal Sentinel to dismiss the case.

The state’s largest business lobby, Wisconsin Manufacturers & Commerce, sued to stop the release of the data in October , arguing that businesses could suffer “irreparable harm.”

In a hearing that lasted three hours Monday, WMC attorney Ryan Walsh argued that the data is private medical information and that the state has to prove the records cannot be used to identify individuals who had COVID-19. “They claim they have been attentive to that, but ‘trust us’ is not good enough here,” Walsh said.

The records in question contain data on roughly a thousand Wisconsin businesses with 25 or more employees that have had at least two employees test positive or identify as close contacts.

The Journal Sentinel requested the records in June after workers at food processing plants and residents at nursing homes told the newspaper they were left in the dark about outbreaks at their facilities and had to learn about cases through word of mouth.

In her motion to dismiss the lawsuit, Assistant Attorney General Anne Bensky, representing the state, argued that the WMC had no standing to sue.

But Judge Lloyd Carter of the Waukesha County Circuit Court sided with the business lobby and said he was concerned that releasing the data could plaster businesses with a “scarlet letter.”

“We’re talking about businesses who are teetering on the brink of failure,” Carter said. “We’re talking about release of data with potential for irreparable harm to those businesses.”

Wisconsin’s tourism secretary is planning to resign. Gov. Tony Evers’ office announced Wednesday that Sara Meaney will leave her position next month to take a job outside of state government.

Department of Tourism Deputy Secretary Anne Sayers will serve as interim department secretary following Meaney’s departure.

Evers appointed Meaney in December 2018, weeks after he won election. But the state Senate never confirmed her.

The Wisconsin Institute for Law and Liberty (WILL) filed the lawsuit on behalf of Dane County residents who say the order will harm their families, negatively affect their mental health and hurt some businesses’ bottom lines.

The order being challenged is the most aggressive issued yet by Janel Heinrich, the health officer for Public Health Madison and Dane County. It comes as the county and the state are struggling with a COVID-19 surge that has severely strained hospitals, some of which are running out of beds and staff.

But WILL argues Henrich’s order is too broad to be issued without a vote by elected members of the Madison Common Council or the Dane County Board, and too intrusive to be allowed by the Wisconsin Constitution.

“Under Dane County’s order, people can gather with their coworkers at work, but cannot visit their close relatives in their private homes,” reads WILL’s legal brief. “Such an order is patently unreasonable and unlawful.”

While it’s unclear how quickly the court might respond to the petition, WILL’s brief asks for an immediate ruling to block the order, partly because it will prevent people from legally observing Thanksgiving with family members who don’t live in their homes.

That ban, WILL argues, unfairly punishes some people and some businesses while not affecting others.

“The Dane County Health Department cannot reasonably allow people to shop on Black Friday, while prohibiting them from seeing their loved ones, in their own homes, on Thursday,” reads the lawsuit.

Plaintiffs in the case include Jeffrey Becker, a Verona resident and father of four kids who said the order will lead to feelings of isolation in his children and harm their mental health. They also include Andrea Klein of Stoughton who said she had planned to host a small Thanksgiving with her parents, uncle and brother, all of whom live near her in Dane County.

The other plaintiff is Jason Orkowski, who owns a Fitchburg gymnastics center called Gymfinity. Orkowski said Dane County’s order will cost his business $40,000.

Fueled by record-low mortgage rates, Wisconsin’s existing home market saw another sharp increase in sales and prices in October, according to the most recent monthly analysis conducted by the Wisconsin REALTORS^® Association (WRA).

For the seventh straight month, mortgage rates fell into record-low territory, with the 30-year fixed-rate mortgage dropping to 2.83% in October. As a result, existing home sales increased 24.9% in October 2020 compared to October 2019, and the median price increased 16.3% to $227,324 over that same 12-month period.

On a year-to-date basis, home sales are up 4.5% relative to the sales in the first 10 months of 2019, and the median price rose to $220,000, which is an increase of 11.1% compared to the January-through-October period of 2019.

Home sales increased by double-digit margins in all regions, with closed sales up between 13.6% and 17.3% in the Central, Northeast and West regions. More robust sales growth was seen in the Southeast region, up 25.2%; the South Central region, up 35.2%; and the North, up 42.1%.