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PPP Loan Forgiveness Just Became Easier

Late June 3, 2020, U.S. Senate passed the House version of Paycheck Protection Flexibility Act (PPFA), which makes significant changes to loan forgiveness rules. 
Among the key provisions is a change in the threshold for the amount of PPP funds required to be spent on payroll costs to qualify for forgiveness to 60% of the loan amount.  The Senate approval sends the House bill, called the Paycheck Protection Flexibility Act, to President Donald Trump, who is expected to sign it.

Following is a summary of the legislation’s main points compiled by the AICPA: 

  • PPP borrowers can choose to extend the eight-week period to 24 weeks, or they can keep the original eight-week period. This flexibility is designed to make it easier for more borrowers to reach full, or almost full, forgiveness.
  • The payroll expenditure requirement drops to 60% from 75%, but is now a cliff. This means that borrowers must spend at least 60% on payroll or none of the loan will be forgiven. Currently, a borrower is required to reduce the amount eligible for forgiveness if less than 75% of eligible funds are used for payroll costs, but forgiveness isn’t eliminated if the 75% threshold isn’t met.
  • Borrowers can use the 24-week period to restore their workforce levels and wages to the pre-pandemic levels required for full forgiveness. This must be done by Dec. 31, a change from the previous deadline of June 30.
  • The legislation includes two new exceptions allowing borrowers to achieve full PPP loan forgiveness even if they don’t fully restore their workforce. Previous guidance already allowed borrowers to exclude from those calculations employees who turned down good faith offers to be rehired at the same hours and wages as before the pandemic. The new bill allows borrowers to adjust because they could not find qualified employees or were unable to restore business operations to Feb. 15, 2020, levels due to COVID-19 related operating restrictions.
  • Borrowers now have five years to repay the loan instead of two. The interest rate remains at 1%.
  • The bill allows businesses that took a PPP loan to also delay payment of their payroll taxes, which was prohibited under the CARES Act.
IMPORTANT NOTE: Much of the PPP forgiveness guidelines remain unchanged such as the $100,000 per employee compensation cap, what payroll and non payroll expenses are eligible for forgiveness and more. Additional guidance from the Treasury and SBA will be forthcoming.

PPP FUNDS STILL AVAILABLE

As of June 3, 2020, PPP funds remain available. If you have not applied yet and are eligible, you may want to consider doing so as soon as possible.

Additional Guidance Expected

Once the PPFA is signed into law and as new guidance is released by the Treasury and SBA, we will send e-Alerts and host a webinar to walk through the forgiveness changes.

 

Please visit the Warady & Davis LLP COVID-19 Resource Center for a wealth of information on stimulus assistance, new legislation and much more.  This information is updated regularly.  This is a rapidly evolving situation so please do not hesitate to reach out to us with any questions or concerns at 847-267-9600 or info@waradydavis.com.

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