PPP Flexibility Act Amends Loan Forgiveness Requirements

On June 5, 2020, President Trump signed the Paycheck Protection Program (PPP) Flexibility Act of 2020. This bill provides further clarification and greater flexibility for borrowers to have their PPP loans forgiven.

Here’s a quick summary of what’s included in this follow-up legislation:

  • Payroll costs vs. nonpayroll costs- For forgiveness eligibility, this bill reduces the portion of PPP funds that must be spent on payroll costs from 75% to 60%. With this adjustment, the nonpayroll cost limitation is now 40%.
  • Covered period extension-Previously, borrowers had 8 weeks to spend their eligible loan amounts to receive forgiveness. The PPP Flexibility Act extends the covered period to 24 weeks from the date of loan origination.
  • Extension of rehiring safe harbor-Previously, the program indicated that if any employees had been laid off between February 15, 2020 and April 26, 2020, the employer would have until June 30, 2020 to bring back those employees at the same wage level as before to receive rehiring safe harbor. However, this bill extends the rehiring period by six months (Dec. 31, 2020) to achieve safe harbor. Now borrowers have additional time to restore payroll levels or rehire employees without facing a reduction in the amount of forgiveness for which they are eligible.
  • Loan repayment terms extended to 5 years. Originally, any unforgiven PPP loan amounts had to be paid within two years. The PPP Flexibility Act extends the minimum loan term for unforgiven PPP loans to five years.

In addition to the provisions above, this bill provides PPP loan forgiveness eligibility exemptions for borrowers that are not able to rehire an employee or a replacement worker. There are also exemptions for borrowers that are not able to return to the same level of business due to complying with COVID-19-related orders or circumstances.

For questions about your PPP loan, please contact your lender. We’ll continue to monitor and update any additional developments regarding PPP loan forgiveness. For more information about the PPP, please contact Stratus.hr at ppp@stratus.hr.

Originally published at https://stratus.hr on June 9, 2020.