PPP Loan Forgiveness Application · 2020. 6. 10. · Protection Program (PPP), specifically addressing loan forgiveness, as well as the SBA's loan review procedures and related borrower

PPP Loan Forgiveness Application

INTERNATIONAL AND DOMESTIC ENTITY

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All information on this presentation has been obtained from the US Department of Treasury Website as of 5/28/2020

www.treasury.gov

H&CO LLP assumes no responsibility or liability for any errors or omissions in the content of this presentation. The information contained in this site is provided on an "as is" basis with no guarantees of completeness, accuracy, usefulness or timeliness.

http://www.treasury.gov/


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Application Overview

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This application has the following components:

- (1) the PPP Loan Forgiveness Calculation Form;

- (2) PPP Schedule A;

- (3) the PPP Schedule A Worksheets;

(Which includes the details of each individual employees paid during the covered period as well as safe-harbor calculations

- (4) the (optional) PPP Borrower Demographic Information Form.

- All Borrowers must submit (1) and (2) to their Lender. The worksheets (3), as well as all required documentation, must be maintained by the borrower for 6 years after the date the loan is forgiven or repaid in full.


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Borrower Responsibilities vs Lenders Responsibilities


Providing an accurate calculation of the loan forgiveness amount is the responsibility of the borrower, and the borrower attests to the accuracy of its reported information and calculations on the Loan Forgiveness Application.

Lenders are expected to perform a good-faith review, in a reasonable time, of the borrower’s calculations and supporting documents concerning amounts eligible for loan forgiveness. For example, minimal review of calculations based on a payroll report by a recognized third-party payroll processor would be reasonable. By contrast, if payroll costs are not documented with such recognized sources, more extensive review of calculations and data would be appropriate. The borrower shall not receive forgiveness without submitting all required documentation to the lender.

Lenders may rely on borrower representations. If the lender identifies errors in the borrower’s calculation or material lack of substantiation in the borrower’s supporting documents, the lender should work with the borrower to remedy the issue. The lender does not need to independently verify the borrower’s reported information if the borrower submits documentation supporting its request for loan forgiveness and attests that it accurately verified the payments for eligible costs.

SBA Loan Forgiveness Application

• On Friday, May 22, 2020, the Treasury and SBA released

new guidance (here and here) regarding the Paycheck

Protection Program (PPP), specifically addressing loan

forgiveness, as well as the SBA's loan review procedures

and related borrower and lender responsibilities under

the PPP.

• For borrowers who received the earliest PPP loans, the

8-week "covered period" is coming to a conclusion, and

the time to apply for loan forgiveness is rapidly

approaching. The newest guidance supplements the

recently released Loan Forgiveness Application and

provides additional clarity about how the SBA intends to

validate borrower representations on both the Loan

Forgiveness Application and the initial PPP application.

• Confirms that lenders have 60 days from receipt of a

complete forgiveness application to issue a decision to

the SBA, and that the lender must request payment from

the SBA at the time it issues its decision to the SBA;

• Confirms that, within 90 days, the SBA will remit the

appropriate forgiveness amount to the lender, plus any

interest that accrued during that period, subject to "any

SBA review of the loan or loan application."


Covered Period vs Alternative Covered Period

Covered Period: Enter the eight-week (56-day) Covered Period of your PPP loan. The first day of the Covered Period must be the same as the PPP Loan

Disbursement Date. For example, if the Borrower received its PPP loan proceeds on Monday, April 20, the first day of the Covered Period is April 20 and

the last day of the Covered Period is Sunday, June 14.

Alternative Payroll Covered Period: For administrative convenience, Borrowers with a biweekly (or more frequent) payroll schedule may elect to calculate

eligible payroll costs using the eight-week (56-day) period that begins on the first day of their first pay period following their PPP Loan Disbursement Date

(the “Alternative Payroll Covered Period”). For example, if the Borrower received its PPP loan proceeds on Monday, April 20, and the first day of its first pay

period following its PPP loan disbursement is Sunday, April 26, the first day of the Alternative Payroll Covered Period is April 26 and the last day of the

Alternative Payroll Covered Period is Saturday, June 20.

Borrowers who elect to use the Alternative Payroll Covered Period must apply the Alternative Payroll Covered Period wherever there is a

reference in this application to “the Covered Period or the Alternative Payroll Covered Period.” However, Borrowers must apply the Covered

Period (not the Alternative Payroll Covered Period) wherever there is a reference in this application to “the Covered Period” only

Beginning End Beginning End Beginning End Beginning End Beginning End Beginning End

4/20/2020 6/14/2020 4/30/2020 6/24/2020 4/20/2020 6/14/2020 4/24/2020 6/18/2020 4/20/2020 6/14/2020 4/30/2020 6/24/2020

4/30/2020 Pay Date 4/30/2020 Pay Date 4/24/2020 Pay Date 4/24/2020 Pay Date 4/30/2020 Pay Date 4/30/2020 Pay Date

5/15/2020 Pay Date 5/15/2020 Pay Date 5/8/2020 Pay Date 5/8/2020 Pay Date 5/30/2020 Pay Date 5/30/2020 Pay Date

5/30/2020 Pay Date 5/30/2020 Pay Date 6/5/2020 Pay Date 6/5/2020 Pay Date 6/14/2020 Incurred 6/24/2020 Incurred

6/14/2020 Incurred 6/15/2020 Pay Date 6/12/2020 Incurred 6/12/2020 Pay Date 6/30/2020 Paid 6/30/2020 Paid

6/15/2020 Pay Date 6/24/2020 Incurred 6/15/2020 Pay Date 6/15/2020 Pay Date

6/30/2020 Pay Date 6/18/2020 Incurred

6/30/2020 Pay Date

Semi Monthly Payroll Monthly Payroll

Covered Period Alternative PeriodCovered Period Alternative Period Covered Period Alternative Period

BiWeekly Payroll


Payroll costs (paid versus incurred)

The application states that “borrowers are generally eligible for the payroll costs paid and payroll costs incurred ”during the appropriate period. Based on

this language, it appears that the SBA will be allowing both payroll paid in the appropriate period for work performed just prior to the covered period and for

payroll accrued within the eight weeks, even if paid after the covered period, provided that proof of payment is submitted.

This means that borrowers may be forgiven for more than the eight weeks of payroll originally anticipated, although individuals will still be capped at

$15,385 based on an annualized $100,000.

Payroll costs are considered paid on the day that paychecks are distributed or the borrower originates an ACH credit transaction. Payroll costs incurred

during the

borrower’s last pay period of the covered period or the alternative payroll covered period are eligible for forgiveness if paid on or before the next regular

payroll date; otherwise, payroll costs must be paid during the covered period (or alternative payroll covered period) to be eligible for forgiveness. Payroll

costs are generally incurred on the day the employee’s pay is earned (i.e., on the day the employee worked). For employees who are not performing work

but are still on the borrower’s payroll, payroll costs are incurred based on the schedule established by the borrower (typically, each day that the employee

would have performed work).

Non-payroll costs (paid versus incurred)

The allowable non-payroll costs do not seem as clear at the payroll costs, but it can be read in a similar manner. The application states, “An eligible non-

payroll cost must be paid during the covered period or incurred during the covered period and paid on or before the next regular billing cycle.”

• Interest payments on any business mortgage obligation on real or personal property that was incurred before February 15, 2020 (but not any

prepayment or payment of principal);

• Payments on business rent obligations on real or personal property under a lease agreement in force before February 15, 2020; and

• Business utility payments for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before

February 15, 2020.


Details of PPP Loan Forgiveness Application




Table 1 Requirements

• Were employed by the Borrower at any point during the Covered Period or the Alternative Payroll Covered Period whose principal place of residence is in the United States; and

• Received compensation from the Borrower at an annualized rate of less than or equal to $100,000 for all pay periods in 2019 or were not employed by the Borrower at any point in 2019

Table 2 Requirements

Were employed by the Borrower at any point during the Covered Period or the Alternative Payroll Covered Period whose principal place of residence is in the United States; and

Received compensation from the Borrower at an annualized rate of more than $100,000 for any pay period in 2019.






FTE Definitions and Reduction Exceptions

Full Time Equivalent Definition

Average FTE calculates the

average full-time equivalency

(FTE) during the Covered

Period or the Alternative Payroll

Covered Period. For each

employee, enter the average

number of hours paid per week,

divide by 40, and round the

total to the nearest tenth. The

maximum for each employee is

capped at 1.0.

A simplified method assigns a

1.0 for employees who work 40

hours or more per week and 0.5

for employees who work fewer

hours may be used at the

election of the Borrower.


Permitted Reductions in FTE

A borrower’s loan forgiveness amount will not be reduced if an employee is either:

• fired for cause• voluntarily resigns, or • voluntarily requests a schedule reduction.

Thus, when an employee of the borrower is fired for cause, voluntarily resigns, or voluntarily requests a reduced schedule during the covered period or the alternative payroll covered period (FTE reduction event), the borrower may count such employee at the same full-time equivalency level before the FTE reduction event when calculating the employee reduction penalty.

To ensure that borrowers are not doubly penalized, the salary/wage reduction applies only to the portion of the decline in employee salary and wages that is not attributable to the FTE reduction.

The PPP does not address the intersection between the FTE employee reduction provision and the salary/wage reduction provision. To help ensure uniformity across all borrowers in applying the FTE reduction provision and the salary/wage reduction provision, the SBA determined that the salary/wage reduction applies only to the portion of the decline in employee salary and wages that is not attributable to the FTE reduction.


Safe Harbor Testing for Hourly Wage Workers


Forgiveness for Owner-Employees vs General Partners / Self-Employed

Are there caps on the amount of loan forgiveness available for owner-employees and self-employed individuals’

own payroll compensation?

Yes, the amount of loan forgiveness requested for owner-employees and self-employed individuals’ payroll

compensation can be no more than the lesser of 8/52 of 2019 compensation (i.e., approximately 15.38 percent

of 2019 compensation) or $15,385 per individual in total across all businesses.

In particular, owner-employees are capped by the amount of their 2019 employee cash compensation and

employer retirement and health care contributions made on their behalf. Schedule C filers are capped by the

amount of their owner compensation replacement, calculated based on 2019 net profit.3 General partners are

capped by the amount of their 2019 net earnings from self-employment (reduced by claimed section 179

expense deduction, unreimbursed partnership expenses, and depletion from oil and gas properties) multiplied

by 0.9235. No additional forgiveness is provided for retirement or health insurance contributions for self-

employed individuals, including Schedule C filers and general partners, as such expenses are paid out of their

net self-employment income.



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Documentation Required – Payroll


Payroll: Documentation verifying the eligible cash compensation and non-cash benefit payments from the Covered Period or the Alternative Payroll Covered Period consisting of each of the following:

a. Bank account statements or third-party payroll service provider reports documenting the amount of cash compensation paid to employees.

b. Tax forms (or equivalent third-party payroll service provider reports) for the periods that overlap with the Covered Period or the Alternative Payroll Covered Period.

i. Payroll tax filings reported, or that will be reported, to the IRS (typically, Form 941); and

ii. State quarterly business and individual employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.

c. Payment receipts, cancelled checks, or account statements documenting the amount of any employer contributions to employee health insurance and retirement plans that the Borrower included in the forgiveness amount (PPP Schedule A, lines (6) and (7)).


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Documentation Required - FTE


FTE: Documentation showing (at the election of the Borrower):

a. the average number of FTE employees on payroll per month employed by the Borrower between February 15, 2019 and June 30, 2019;

b. the average number of FTE employees on payroll per month employed by the Borrower between January 1, 2020 and February 29, 2020; or

c. in the case of a seasonal employer, the average number of FTE employees on payroll per month employed by the Borrower between February 15, 2019 and June 30, 2019; between January 1, 2020 and February 29, 2020; or any consecutive twelveweek period between May 1, 2019 and September 15, 2019.

The selected time period must be the same time period selected for purposes of completing PPP Schedule A, line 11. Documents may include payroll tax filings reported, or that will be reported, to the IRS (typically, Form 941) and state quarterly business and individual employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.

Documents submitted may cover periods longer than the specific time period.


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Documentation Required - Nonpayroll


Nonpayroll: Documentation verifying existence of the obligations/services prior to February 15, 2020 and eligible payments from the Covered Period.

a. Business mortgage interest payments: Copy of lender amortization schedule and receipts or cancelled checks verifying eligible payments from the Covered Period; or lender account statements from February 2020 and the months of the Covered Period through one month after the end of the Covered Period verifying interest amounts and eligible payments.

b. Business rent or lease payments: Copy of current lease agreement and receipts or cancelled checks verifying eligible payments from the Covered Period; or lessor account statements from February 2020 and from the Covered Period through one month after the end of the Covered Period verifying eligible payments.

c. Business utility payments: Copy of invoices from February 2020 and those paid during the Covered Period and receipts, cancelled checks, or account statements verifying those eligible payments.


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Documentation Not Required for Submission


Documents that Each Borrower Must Maintain but is Not Required to Submit PPP Schedule A Worksheet or its equivalent and the following:

a. Documentation supporting the listing of each individual employee in PPP Schedule A Worksheet Table 1, including the “Salary/Hourly Wage Reduction” calculation, if necessary.

b. Documentation supporting the listing of each individual employee in PPP Schedule A Worksheet Table 2; specifically, that each listed employee received during any single pay period in 2019 compensation at an annualized rate of more than $100,000.

c. Documentation regarding any employee job offers and refusals, firings for cause, voluntary resignations, and written requests by any employee for reductions in work schedule.

d. Documentation supporting the PPP Schedule A Worksheet “FTE Reduction Safe Harbor.”

All records relating to the Borrower’s PPP loan, including documentation submitted with its PPP loan application, documentation supporting the Borrower’s certifications as to the necessity of the loan request and its eligibility for a PPP loan, documentation necessary to support the Borrower’s loan forgiveness application, and documentation demonstrating the Borrower’s material compliance with PPP requirements. The Borrower must retain all such documentation in its files for six years after the date the loan is forgiven or repaid in full, and permit authorized representatives of SBA, including representatives of its Office of Inspector General, to access such files upon request

Thank you for your time

CONTACT US:

www.hcoadvisors.com

ALBERT ARISSOManaging Director – SBAc19

305-491-7651

[email protected]

FRANK HERMOSAManaging Director – SBAc19

786-443-9446

[email protected]

NICOLE CUNNINGHAM

Partner- Client Services

305-444-8800

[email protected]

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