In Summary

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Building upon the Biden Administration’s announced changes to the Paycheck Protection Program (PPP) designed to increase access for small businesses, the Small Business Administration (SBA) issued a new Interim Final Rule. The Paycheck Protection Program – Revisions to Loan Amount Calculation and Eligibility, (IFR) provides new loan maximum calculation guidance for the self-employed. A key reason for the change is that under prior rules many of these borrowers could not receive a meaningful loan amount because of the minimal net profits typically reported to the IRS. To address this issue, the IFR now permits self-employed applicants to calculate the maximum loan amount using either net profits or gross income for either 2019 or 2020. To help clients, prospects and others, Hanson & Co has provided a summary of the key details below.

PPP1 – First Draw Loan Maximum

The maximum first draw loan amount available to applicants with self-employment income varies depending on whether the business has employees.

PPP2 – Second Draw Loan Maximum

The maximum second draw loan amount available to applicants with self-employment income also varies depending on whether the business has employees.

Good Faith Certification

PPP loan applicants are required to make a good faith certification that the uncertainty of current economic conditions makes the loan necessary to meet ongoing obligations. The SBA issued guidance last year which states that any borrower that receives a loan for less than $2M will automatically be deemed to have made the certification in good faith. However, since the new IFR provides additional flexibility any borrower that uses the gross income to calculate the loan amount for a first draw PPP loan and report more than $150,000 in gross income will not automatically be deemed to have made a good faith certification.

PPP Loan Proceeds

The list of qualifying expenses that are eligible for loan forgiveness has been updated to include two new categories, owner compensation replacement and proprietor expenses. If an applicant used net profit to calculate the loan amount, then they can use loan funds to cover owner compensation replacement expenses. The maximum allowable expense is limited to the 2019 or 2020 net profit, whichever was used in the initial loan calculation. If an applicant used the gross income to calculate the loan amount, then they can use loan funds to over proprietor expenses (business expenses plus owner compensation). The maximum amount is limited to the gross income reported for 2019 or 2020, whichever was used in the initial loan calculation. Other qualifying expenses include employee payroll costs, mortgage interest payments on business obligations on real or personal property, rent and utility payments. Also, interest payments on debt obligations incurred before February 15, 2020, costs related to refinancing an Economic Injury Disaster Loan (EIDL) made between January 31, 2020, and April 3, 2020, and covered operations, supplier, worker protection, and property damage costs.
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Hanson & Co works with middle-market companies and high-net-worth individuals in Denver, Colorado, and across the country. Regardless of the complexity of your need, our team is ready to help you. Please complete the form below, and we will follow up with you shortly. [wpforms id=”1290″ title=”false” description=”false”]

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