PPP Loan Forgiveness Explained
Includes important new updates in the PPP Flexibility Act
Updated 6/5/2020
Here are some important things you need to know when requesting Paycheck Protection Program loan forgiveness under the CARES Act. The recently enacted Paycheck Protection Program Flexibility Act has modified some of the original requirements, with a goal of making it easier for small businesses to qualify for forgiveness in the wake of Coronavirus-related restrictions and guidelines that have delayed reopening for many businesses.
PPP loans are eligible for full or partial forgiveness if the loan proceeds are used in accordance with forgiveness rules and guidelines, which have already been modified several times.
What are the main changes in the new Paycheck Protection Program Flexibility Act?
Small businesses that qualify for a PPP loan now have up to 24 weeks, or no later than December 31, 2020, to use the money to qualify for loan forgiveness, which is an increase from the previous eight-week period. If your loan was funded prior to the passage of the PPP Flexibility Act, your covered period is automatically extended to 24 weeks, but if you choose to follow the original eight-week period you have that option.
Another change modifies the requirements that at least 75% of the funds had to be used for payroll costs and 25% for certain other costs. Those numbers have now been shifted to 60% for payroll-related costs and 40% for expenditures on mortgage interest, rent, and utility costs.
Additionally, new borrowers (those with loans funded on or after June 5) will have five years to repay the loan, instead of two.
Who is responsible for documenting my eligible costs?
As the loan recipient, you are responsible for documenting your eligible expenses.
When does the 24-week clock start?
The 24-week covered period begins on the date your loan is funded.
Is there a deadline to apply for a PPP loan?
Yes, the current deadline to apply for a loan is June 30.
Where do I submit my potentially forgivable expenses?
At the end of the 24-week covered period, you will need to provide the necessary documentation to your lender when applying for loan forgiveness. The Flexibility Act allows borrowers up to 10 months from the date their covered period ends to apply for loan forgiveness. Principal and interest payments would begin at that time.
What documents will be required for forgiveness?
While some lenders could have additional requirements, here are the documents you’ll need:
How do the loan numbers break down?
Small businesses were eligible to borrow 2.5 times their average monthly payrolls costs, but the amount could not exceed $10 million. To maximize forgiveness, at least 60% of the loan must be used for payroll costs, plus health and retirement benefit costs.
Under the new act, there is currently some confusion about what happens if a borrower fails to spend 60% of the loan proceeds on payroll costs. The act appears to say that if that 60% requirement is not met, none of the loan will be forgivable. Under the previous PPP bill, loan forgiveness was reduced on a sliding scale if its 75% payroll requirement wasn’t reached. The SBA is expected to issued guidance clarifying the language Flexibility Act language.
Up to 40% can be spent on approved expenses such as utilities, mortgage interest or rent. Any amount above this percentage will not count toward forgiveness.
Money used for other purposes will not qualify for forgiveness.
What eligible costs should I be tracking?
How should I record my expenses?
You should keep careful records for all qualifying forgiveness expenses. While some experts advise converting all records to digital files, you should ask your lender how it prefers to receive documentation and plan accordingly.
What are the top considerations for PPP loan forgiveness?
Employee retention and salaries or wages paid to employees are the primary considerations. It is important that you maintain your staff headcount and compensation levels to maximize loan forgiveness.
How will I know if I’ve met my staffing requirements?
A reduction in the number employees will affect the amount of your loan forgiveness. You can take the number of full-time equivalent employees (FTE) you had between either February 15 and June 30, 2019, or January 1 and February 29, 2020, and compare that number to the number of FTEs you had during the covered 8-week period after your loan was funded. If during your coverage period you have equal to or more employees than your comparison period, that would meet the requirement for forgiveness. If you have fewer, your forgivable expenses will be reduced.
For seasonal businesses, you can use average monthly payroll for the period between February 15, 2019, or March 1, 2019, and June 30, 2019. An applicant that was not in business from February 15, 2019 to June 30, 2019 may use the average monthly payroll costs for the period January 1, 2020 through February 29, 2020.
What if I need to rehire employees to qualify for loan forgiveness?
You have until December 31, 2020, to restore your full-time employment and meet compensation requirements, but the new legislation offers an exception for borrowers who lose FTEs. It allows that if between February 15 and December 31, 2020, the amount of loan forgiveness will not be reduced if the borrower, in good faith, is able to document any of the following circumstances:
What if I decreased employee wages?
If an employee is earning $100,000 annually or less and their pay is reduced by more than 25%, the amount of forgiveness will be reduced by the difference between their coverage period pay and 75% of their comparison period pay.
For example, if an employee was earning $24,000 during the 24-week comparison period, but earns only $15,000 during the PPP covered period you’d calculate it like this:
$24,000 x .75 = $18,000
$18,000 - $15,000 = $3,000 (not qualified)
$15,000 - $3,000 = $12,000 (forgivable amount)
What happens if I’m not OK’d for PPP loan forgiveness?
If you do not qualify for any forgiveness based on the documentation you provide, the amount of your outstanding PPP loan balance will need to be repaid over the term of the loan at a 1% interest rate from the time the loan was funded. Under the Flexibility Act, principal and interest are allowed to be deferred until the date the lender receives the forgiveness amount from the SBA.
My existing PPP loan is for two years, can that be changed?
Yes, but it will be up to you and your lender. While new borrowers will have five years to repay their loans, previous borrowers only had two. The Flexibility Act allows that to be changed to five years if the lender and borrower agree.
What about forgiveness for sole proprietors and independent contractors?
For your loan to be forgiven, you must have spent at least 60% of the funds on payroll costs, which include an amount for owner compensation based upon 2019 net earnings. The remaining amount, which cannot exceed 40% of the loan, must be spent on interest on a mortgage, a loan secured by personal property used in the business, rent, and utilities. To the extent that these expenses are incurred in connection with a home office, only the tax-deductible portion will apply. These expenses must have occurred within the 24 weeks after the loan is funded.
NOTICE: The information in this article is not definitive and requirements can change as new guidance is issued. As necessary, you should consult with your accountant or attorney on questions regarding forgiveness of your PPP loan.
