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The CARES Act and the Paycheck Protection Program will enable many small business owners to receive loans of up to $10 million. See how it works and if your business qualifies.
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The CARES Act and the Paycheck Protection Program

Last Updated: 8/6/2020

 

Many small business employers will be able to receive loans of up to $10 million through the Paycheck Protection Program (PPP) authorized by the CARES Act. An update to the SBA’s existing 7(a) loan program, these loans are intended to be easier for small businesses to obtain. This article has been updated to reflect the changes outlined in the Paycheck Protection Program Flexibility Act signed on June 4, 2020.

 

What does the new coronavirus relief bill funding include?

It includes $310 billion for the PPP: $250 billion to replenish funding for the program and $60 billion set aside specifically for smaller institutions like credit unions and community banks. It also includes $60 billion in loans and grants under the Economic Injury Disaster Loan program. The new law also makes farms and ranches eligible for the loans. On April 24, 2020, an additional $484 billion of funding was added to replenish the PPP program and provide other funding to support small businesses.

 

What do PPP loans look like?

The PPP will provide certain small businesses with funds to cover payroll costs, including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. Funds will be provided as loans that can be fully forgiven when used for these purposes.

 

Payroll costs covered by these loans will be capped at an annual salary of $100,000 for each employee. And at least 60% of the forgiven amount must be used for payroll — or the loan may only be eligible for partial forgiveness.

 

No collateral or personal guarantees are required for these loans.

 

Loan payments and forgiveness

Loan payments may be deferred for ten months. Neither the government nor lenders will charge small businesses any fees.

 

Forgiveness is based on the employer maintaining or quickly rehiring employees and maintaining salary levels. Forgiveness will be reduced if full-time headcount declines, or if salaries and wages decrease.

 

Find additional details about this and other SBA loan programs at the SBA’s COVID-19 Loan site or the Department of Treasury PPP Fact Sheet.

 

Which small businesses qualify for PPP loans?

Under the CARES Act, a “qualified business” is any business that: 

 

  • Does not have more than 500 employees or the maximum number of employees specified in the current SBA standards, whichever is greater; or
  • If the business has more than one location and has more than 500 employees, does not have more than 500 employees at any one location and the business’ primary NAICS code starts with “72” (Accommodation and Food Service); or
  • Is a franchisee holding a franchise listed on the SBA’s registry of approved franchise agreements; or
  • Has received financing from a Small Business Investment Corporation.

 

NOTE: Sole proprietorships, self-employed individuals and certain nonprofit organizations may qualify under this program.

 

The maximum amount of the loan is set by formula (average monthly payroll cost prior to the COVID-19 pandemic times 2.5), subject to a maximum of $10 million.

 

Other key provisions:

 

  • Fixed interest rate of 1.00% per annum.
  • Loans are made by approved lenders that have delegated authority to make the loans without approval from the SBA.
  • In reviewing the application, a lender has to evaluate whether the borrower was in business on February 15, 2020, and had employees and/or independent contractors.
  • Guarantee fees are waived.
  • Loans are non-recourse to the borrower.
  • No collateral requirement.
  • No prepayment penalties.
  • Payments are deferred for six (6) months; however, interest will continue to accrue over this period.
  • Loans issued prior to June 5 have a maturity of 2 years. Loans issued after June 5 have a maturity of 5 years.

 

The applicant is required to certify:

 

  • Current uncertain economic times make the loan request necessary to support ongoing operations; and
  • Funds will be used to keep workers and make payroll, mortgage payments, lease payments, and utility payments; and

How does the SBA determine eligibility for a PPP loan?

Although the CARES Act does suspend the ordinary requirement that borrowers must be unable to obtain credit elsewhere, you’ll still need to certify “in good faith” that the PPP loan request is necessary for you to maintain ongoing operations — or get back up and running. This means that small business owners must confirm their need for the loan by certifying that the lack of funds would be “significantly detrimental to their business”.

 

The SBA has offered additional guidance to say that any small business that receives a PPP loan of less than $2 million is considered having certified the need for their loan if they act in good faith. The SBA determined that this safe harbor is appropriate because “borrowers with loans below this threshold are generally less likely to have had access to adequate sources of liquidity in the current economic environment.”

 

Please note that employers may not take out a loan under the Economic Injury Disaster Loan Program (EIDL) and a PPP for the same purposes (to cover payroll costs). An employer may refinance an existing EIDL loan into a PPP loan by adding the amount of an EIDL to the sum of the payroll costs. However, any advance amount received under the EIDL Grant Program would be subtracted from the amount forgiven of the PPP loan.

 

Applicants may be ineligible if they have a loan from SBA or any other Federal agency that is currently delinquent or has defaulted within the last seven years and caused a loss to the government.

 

NOTE: A loan under the Paycheck Protection Program makes the borrower ineligible for the Employee Retention Tax Credit made available under the CARES Act. Also, utilizing paid leave tax credits available under the FFCRA may reduce the amount forgiven on a PPP loan by the amount of the credits. Check with your accountant or legal advisor for how these may impact your business.

 

The Department of Treasury encourages business and individuals to apply as soon as they are able.

 

Loan amounts and eligibility will ultimately be determined by lenders. For different loan types, different thresholds may apply.

 

Do PPP loans cover paid sick leave?

Yes. PPP loans cover payroll costs, including costs for employee vacation, parental, family, medical, and sick leave. However, the CARES Act excludes qualified sick and family leave wages when a reimbursable tax credit would be allowed under certain sections of Families First Coronavirus Response Act. Get more detail about the Paid Sick Leave Refundable Credit in the IRS guidance.

 

What time period should borrowers use to determine their number of employees and payroll costs?

In general, employers can calculate their aggregate payroll costs using data either from the previous 12 months or from the calendar year 2019.

 

Seasonal businesses can use average monthly payroll for the period between February 15, 2019, or March 1, 2019, and June 30, 2019. A company that was not in business from February 15, 2019 to June 30, 2019 can use the average monthly payroll costs for the period January 1, 2020 through February 29, 2020.

 

How do you calculate the number of employees for PPP loans? 

Employers can use their average employment over the same time periods as above to determine their number of employees. However, employers can opt to use SBA’s usual calculation: the average number of employees per pay period in the 12 completed calendar months prior to the date of the loan application (or the average number of employees for each of the pay periods that business has been operational —  if it hasn’t been operational for 12 months.

 

The SBA has clarified their guidance for determining the number of full-time employees. For purposes of loan eligibility, the CARES Act defines the term employee to include “individuals employed on a full-time, part-time, or other basis.”

 

So, you will need to calculate your total number of employees, including part-time employees, when determining their employee headcount for purposes of the eligibility threshold. For example, if you have 200 full-time employees and 50 part-time employees each working 10 hours per week, the SBA considers that a total of 250 employees for your PPP loan application.

 

Do I use gross pay or net pay when determining its payroll costs?

Under the Act, payroll costs are calculated on a gross basis without regard to federal taxes imposed or withheld, such as the employee’s and employer’s share of Federal Insurance Contributions Act (FICA) and income taxes required to be withheld from employees.

 

As a result, payroll costs are not reduced by taxes imposed on an employee and required to be withheld by the employer, but payroll costs do not include the employer’s share of payroll tax.

 

For example, an employee who earned $4,000 per month in gross wages, from which $500 in federal taxes was withheld, would count as $4,000 in payroll costs. The employee would receive $3,500, and $500 would be paid to the federal government. However, the employer-side federal payroll taxes imposed on the $4,000 in wages are excluded from payroll costs under the statute.

 

 

More questions about average payroll costs?

For additional information about calculating average monthly payroll costs for PPP loans, see our complete guide. And if you’re an OnPay client, please note that you can create an average payroll report within our app. For additional questions, see detailed guidance from the SBA or talk to a tax professional.

 

How do I apply for a Payroll Protection Program loan?

Small businesses, sole proprietorships, independent contractors, and self-employed individuals may apply for loans through August 8, 2020 here.

 

Can an employer defer payment of the employer’s share of social security tax without incurring penalties?

Employers who have received a PPP loan may defer their payment and deposit of the employer’s share of social security tax that otherwise would have been made beginning on March 27, 2020. This is available through the date the lender issues a decision to forgive the loan in accordance with paragraph (g) of section 1106 of the CARES Act.

 

However, the amount of the deposit and payment of the employer’s share of social security tax that was deferred through the date that the PPP loan is forgiven continues to be deferred and will be due on the applicable dates outlined in our article about delayed employer payroll taxes.

 

Applicants may apply through any approved lender or any federally insured depository institution, federally insured credit union, and Farm Credit System institution that is participating.  The SBA provides a list of approved lenders. Note that the SBA is actively approving new lenders, so you may want to check with your preferred lender to see if it is accepting SBA loan applications.

 

You can apply by completing the Paycheck Protection Program loan application and submitting it with the required documentation to an approved lender. Here’s a downloadable copy of the application. 

 

Additional PPP borrower information is available from the Department of Treasury or get a full rundown on the SBA’s website. For more information about how to manage your business during the COVID-19 outbreak, please take a look at our Resource Center.

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