Notes to Interim Final Rules from Economic Aid Bill and changes to Paycheck Protection Program
ECONOMIC
AID ACT NOTES (82 PAGE IFR 1/6/2021)
·
Extends PPP Authorization until March 31, 2021
·
New (first) PPP applicants can use 2020 OR 2019
records to calculate PPP loan amount
·
Authorization limit of $806,450,000,000 for 1st
and 2nd PPP combined
·
60/40 rule still applies: payroll/other eligible expenses (with some
noted additions p. 50)
o
Uninsured property damage costs related to
public disturbances that occurred during 2020)
o
Covered supplier costs
o
Worker protection expenditures (to comply with
guidance of Health and Human Services, CDC, OSHA or equivalent)
o
note:
self employed – interest on loans incurred before 2/15/2020 ARE NOT
ELIGIBLE FOR FORGIVENESS – see page 53)
·
PPP Loans $150,000 or less do not need to
provide supporting documentation for forgiveness but must retain records for 4
years and are subject to audit.
·
REPEALS EIDL Advance forgiveness reduction. “Any EIDL Advance Amounts previously
deducted from a borrower’s forgiveness amount will be remitted to the lender,
together with interest to the remittance date.” (page 60)
·
Allows for existing PPP loan to be INCREASED, if
qualifies for an increase under subsections D.6. (partnerships), D.7. (seasonal
employers), and D.8. (borrowers who returned all or part of PPP loan or did not
accept full PPP loan for which it was approved(p. 75 and 76)
o
Must be submitted on or before March 31, 2021
o
Single disbursement within 10 days of increase
PPP
2nd DRAW NOTES (42 PAGE IFR 1/6/2021) – SBA application form
2483-SD (TBD)
·
Same loan terms are original (revised PPP): 5 year term, 1%, no PG, no collateral, 100%
SBA gty
·
Maximum Loan amount: $2 million
·
Must have received 1st PPP (if not,
can apply under 1st round PPP limits)
·
Has used or will use full 1st PPP
(including increase if eligible) BEFORE 2nd PPP is disbursed
·
25% Revenue Reduction Requirement in 2020
compared to 2019*
o
Quarterly comparison
o
Annual comparison (using tax returns) if
quarterly not available
o
PPP forgiveness does not count as revenue
·
Eligibility – except NAICS code 72:
o
< 300 employees, including affiliates
o
Loan
amount = 2.5x monthly payroll ($100,000 individual limit/$2 million loan cap)
·
Eligibility – NAICS Code 72 (hospitality)
o
< 300 employees, per location
o
Loan amount – 3.5x monthly payroll ($100,000
individual limit/$2 million loan cap)
*Borrowers must provide documentation at application for
loans > $150,000; loans < $150,000 must supply eligibility prior to
forgiveness (though I would expect most lenders to require this with the application).
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