The Rebound: PPP Flexibility Act

Posted at 5:48 PM, Jun 08, 2020
and last updated 2020-06-08 20:08:05-04

SALT LAKE CITY — The Paycheck Protection Program (PPP) Flexibility Act was signed into law last week, providing small business owners more time to apply for loan forgiveness.

The new PPP Flexibility Act contains several provisions, some which will need further clarification from the U.S. Treasury, but Shane Edwards of Squire and Company say the news is generally good for most business owners in Utah where 48,572 PPP loans have been approved valued at more than $5.2 billion.

Squire provides tax services and audit assistance to numerous companies across Utah.

Watch the video above to see what Edwards calls the two most important takeaways for business owners.

Business owners seeking further clarification are welcome to join a free webinar hosted by Squire Tuesday at 11 a.m. here:

Upcoming Procedures Under the New PPP Flexibility Act as provided by the Small Business Administration:

• Extend the covered period for loan forgiveness from eight weeks after the date of loan disbursement to 24 weeks after the date of loan disbursement, providing substantially greater flexibility for borrowers to qualify for loan forgiveness. Borrowers who have already received PPP loans retain the option to use an eight-week covered period.
• Lower the requirements that 75 percent of a borrower’s loan proceeds must be used for payroll costs and that 75 percent of the loan forgiveness amount must have been spent on payroll costs during the 24-week loan forgiveness covered period to 60 percent for each of these requirements. If a borrower uses less than 60 percent of the loan amount for payroll costs during the forgiveness covered period, the borrower will continue to be eligible for partial loan forgiveness, subject to at least 60 percent of the loan forgiveness amount having been used for payroll costs.
• Provide a safe harbor from reductions in loan forgiveness based on reductions in full-time equivalent employees for borrowers that are unable to return to the same level of business activity the business was operating at before February 15, 2020, due to compliance with requirements or guidance issued between March 1, 2020 and December 31, 2020 by the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration, related to worker or customer safety requirements related to COVID–19.
• Provide a safe harbor from reductions in loan forgiveness based on reductions in full-time equivalent employees, to provide protections for borrowers that are both unable to rehire individuals who were employees of the borrower on February 15, 2020, and unable to hire similarly qualified employees for unfilled positions by December 31, 2020.
• Increase to five years the maturity of PPP loans that are approved by SBA (based on the date SBA assigns a loan number) on or after June 5, 2020.
• Extend the deferral period for borrower payments of principal, interest, and fees on PPP loans to the date that SBA remits the borrower’s loan forgiveness amount to the lender (or, if the borrower does not apply for loan forgiveness, 10 months after the end of the borrower’s loan forgiveness covered period).
• In addition, the new rules will confirm that June 30, 2020, remains the last date on which a PPP loan application can be approved.