The Small Business Administration and the Treasury Department unveiled a simpler loan forgiveness application for the Paycheck Protection Program to reflect changes in the PPP Forgiveness Act, which was signed into law this month and provides more flexibility to small businesses to receive forgiveness on their SBA-backed loans.
The PPP was included as part of the CARES Act, the $2.2 trillion program that included economic impact payments to individuals and aid to businesses in response to the novel coronavirus pandemic. The program initially launched on April 3 with $349 billion in funding to help small businesses keep their doors open and retain their employees. The loans would be forgiven as long as businesses retained their employees for up to eight weeks.
Randy Kaston is the director of Business Law Group at Ligris + Associates. Her practice concentrates on all aspects of commercial and residential transactions, including representing lenders in closing complex commercial, asset-based, real estate, construction and SBA loans, as well as business lines of credit.
Lamine Zarrad is the founder and CEO of StellarFi, a credit builder that reports unlimited bill payments to the three major credit bureaus. Since 2008, Lamine has worked in various financial services roles, launching his career with Merrill Lynch and later transitioning to the public sector as a National Banker Examiner at the Office of the Comptroller of the Currency. Prior to Stellar, Lamine founded FinTechs Tokken and Joust. The latter was acquired by ZenBusiness where Lamine led the product organization through two fund raises, minting the company as one of the few Austin Unicorns. At StellarFi, Lamine and his team are on a mission to disrupt the U.S. poverty cycle and provide credit access to 132 million Americans with low or no credit. Lamine has been awarded a Bachelors in Business Administration in International Business and Russian Studies from the University of Texas at Arlington and a Masters of Public Affairs degree with a focus on Policy Analysis/Public Finance from the University of Texas at Austin. Lamine was born in the former Soviet Republic of Azerbaijan and came to the United States as a refugee prior to serving in the Marine Corps. Lamine speaks four languages and resides in Austin, Texas with his family.
David Braun is founder and CEO of Capstone Strategic, an M&A strategic consulting firm that has successfully facilitated over $1 billion of client transactions in over 30 countries across more than 100 industries. He is the author of Successful Acquisitions: A Proven Plan for Strategic Growth. He is reachable at dbraun@capstonestrategic.com and on Twitter @CapstoneStrat.
However, many small businesses had trouble accessing the loans or applying for them, and the funding quickly ran out as larger companies managed to get the loans with the help of their banks. Congress provided another $320 billion and the program resumed on April 27. But the rules and eligibility and forgiveness criteria have been changing constantly, prompting many businesses to take a wait-and-see attitude. Around $120 billion to $130 billion is still left in the program, and it doesn’t run out until June 30. Lawmakers have expressed frustration that the Treasury and the SBA are not providing more transparency about which businesses have gotten the loans and for how much.
In an effort to encourage more businesses to sign up and to alleviate concerns about being able to get the loans forgiven for businesses like restaurants that haven’t been able to open to customers, Congress provided more flexibility by passing the Paycheck Protection Program Forgiveness Act earlier this month. It extends the covered period from eight weeks to 24 weeks. It also amends the requirement that no more than 25% of the loan forgiveness amount be attributed to non-payroll costs and allows up to 40% to be used for non-payroll costs. The bill also included several other changes, such as extending the deferral of payments of loan principal, interest and fees, from the current six months, until the date when the SBA pays the forgiveness amount to the lender.
The new loan forgiveness application from the SBA reflects these changes. Along with revising the full forgiveness application, the SBA is also introducing a new EZ version of the forgiveness application that applies to borrowers who:
- Are self-employed and have no employees; or
- Did not reduce the salaries or wages of their employees by more than 25%, and didn't reduce the number or hours of their employees; or
- Experienced reductions in business activity as a result of health directives related to COVID-19, and did not reduce the salaries or wages of their employees by more than 25%.
The EZ application requires fewer calculations to be done and less documentation is needed for eligible borrowers. Details about the applicability of the various provisions are available in the instructions accompanying the new EZ application form.
Both applications give borrowers the option of using the original eight-week covered period (if their loan was made before June 5, 2020) or the extended 24-week covered period provided under the new law. The SBA and Treasury said the changes would result in a more efficient process and make it easier for businesses to realize full forgiveness of their PPP loan.
Click here to view the EZ Forgiveness Application.
Click here to view the Full Forgiveness Application.
Separately, the payroll company Paychex released the PPP Loan Forgiveness Estimator and Forgiveness Report as part of its Paychex Flex set of cloud-based HR software to help small businesses keep track of their PPP loans and loan forgiveness requirements last week. It includes changes from the PPP Forgiveness Act. Accountants can access the Forgiveness Estimator for each of their clients through the Paychex AccountantHQ dashboard to provide more strategic consultation and help clients optimize PPP loan forgiveness.
Another company, Smart Communications, introduced a PPP Loan Forgiveness Application Solution on Wednesday to simplify applications and speed processing for banks and other lenders.
