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Part 3: The OBBBA Tax Series – Tax Breaks for Entrepreneurs and Venture Capitalists – QSBS Expanded

This is the third and final installment in our multi-part series exploring the key implications of the One Big Beautiful Bill Act (OBBBA).  This follows parts 1 and 2 of this series which discussed the no tax on tips and overtime provisions, SALT deduction, PTET Credit, and the excise tax on compensation for nonprofits. These issues were also discussed in our OBBBA webinar held on July 24, 2025 shortly after the bill went into effect.  This article will discuss the expanded qualified small business stock (QSBS) provisions.

Part 2: The OBBBA Tax Series–What Nonprofits Need to Know About the Excise Tax

This is part 2 of Weintraub’s series covering the major changes from the OBBBA. This follows our initial article where we discussed the no tax on tips and overtime provisions, the SALT deduction, and the PTET Credit. These provisions, as well as the topic of our article, were discussed in our OBBBA webinar held on July 24, 2025 shortly after the bill went into effect. In this article we will discuss the OBBBA’s impact on the excise tax on excess remuneration for employees of nonprofit entities.

Part 1: The OBBBA Tax Series-Tax Breaks for Tips and Overtime, Bigger SALT deduction, and a Boost to PTET Credits

This is the first installment in a three-part series exploring the key implications of the One Big Beautiful Bill Act (OBBBA).

On July 4, 2025 the One Big Beautiful Bill Act (OBBBA) was signed into law.[1] The OBBBA made several provisions permanent from the Tax Cuts and Jobs Act (TCJA). It also made significant changes aimed to expand deductions, incentivize investments, and provide long-term clarity for tax planning for individuals and businesses.  These issues were discussed in an OBBBA webinar held on July 24, 2025 shortly after the bill went into effect. We will discuss a few of the notable changes below but will focus on the state and local tax (SALT) deduction and its impact on the pass-through entity tax election (PTET).

PPP Second Draw Loans

In December 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (the CAA).

In total, the CAA provides $900 billion in COVID relief, including $284 billion for additional Paycheck Protection Program (PPP) loans for new borrowers and “second draw” loans for existing borrowers.

SBA Releases PPP Loan Forgiveness Application (UPDATED)

On Friday May 15, 2020, the Small Business Administration (“SBA”) released the application borrowers will use to request forgiveness of their Paycheck Protection Program (“PPP”) loans.  On Friday May 22, 2020, the SBA and Treasury jointly issued an Interim Final Rule clarifying some portions of the forgiveness application.  PPP borrowers have been awaiting additional guidance regarding the forgiveness portion of the program for well over a month.  While the application and interim final provides some additional guidance, many questions remain.

Further SBA Guidance on Necessity Certification for PPP Loans

Small Business Administration (SBA) guidance published on May 13, 2020 adds clarity to the “necessity” certification that borrowers were required to make when applying for Paycheck Protection Program (PPP) loans.  According to this guidance, borrowers that received PPP loans of less than $2 million will be deemed to have made the necessity certification in good faith.  As to borrowers with loans greater than $2 million, if the SBA notifies the borrower that the SBA has determined that the borrower lacked an adequate basis for the necessity certification, the borrower will be able to avoid enforcement action by repaying the loan.

SBA Guidance on Borrower Certification for PPP Loans (Updated)

If your business received a Paycheck Protection Program (PPP) loan, now may be a good time to look at the new guidance from the Small Business Administration (SBA) to see whether the business should consider returning the money if the business did not really “need” it.  If, after considering the guidance, the business determines it does indeed need the loan, the business should ensure it has documentation demonstrating such need.