The Forgiveness Guidance

that we've been waiting for has finally arrived.

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Paycheck Protection Program   I   Loan Forgiveness Application

 

OMB Control Number 3245-0407

Expiration Date: 10/31/2020

Text Format

 

Loan Forgiveness Application Instructions for Borrowers

 

To apply for forgiveness of your Paycheck Protection Program (PPP) loan, you (the Borrower) must complete this application as directed in these instructions, and submit it to your Lender (or the Lender that is servicing your loan).  Borrowers may also complete this application electronically through their Lender.

 

This application has the following components:

(1) the PPP Loan Forgiveness Calculation Form;

(2) PPP Schedule A;

(3) the PPP Schedule A Worksheet; and

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

 

All Borrowers must submit (1) and (2) to their Lender.

 

Instructions for PPP Loan Forgiveness Calculation Form

 

Business Legal Name (“Borrower”)/DBA or Tradename (if applicable)/Business TIN (EIN, SSN)

Enter the same information as on your Borrower Application Form.

 

Business Address/Business Phone/Primary Contact/E-mail Address

Enter the same information as on your Borrower Application Form, unless there has been a change in address or contact information.

 

SBA PPP Loan Number

Enter the loan number assigned by SBA at the time of loan approval.  Request this number from the Lender if necessary.

 

Lender PPP Loan Number

Enter the loan number assigned to the PPP loan by the Lender.

 

PPP Loan Amount

Enter the disbursed principal amount of the PPP loan (the total loan amount you received from the Lender).

 

Employees at Time of Loan Application

Enter the total number of employees at the time of the Borrower's PPP Loan Application.

 

Employees at Time of Forgiveness Application

Enter the total number of employees at the time the Borrower is applying for loan forgiveness.

 

PPP Loan Disbursement Date

Enter the date that you received the PPP loan proceeds from the Lender.  If loan proceeds were received on more than one date, enter the first date on which you received PPP loan proceeds.

 

EIDL Advance Amount

If the Borrower received an Economic Injury Disaster Loan (EIDL) advance, enter the amount.

 

EIDL Application Number

If the Borrower applied for an EIDL, enter the Borrower's EIDL Application Number.

 

Payroll Schedule

Select the box that corresponds to your payroll schedule.

 

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.

 

If Borrower Received PPP Loans in Excess of $2 Million

Check the box if the Borrower, together with its affiliates (to the extent required under SBA's interim final rule on affiliates (85 FR 20817 (April 15, 2020)) and not waived under 15 U.S.C. 636(a)(36)(D)(iv)), received PPP loans with an original principal amount in excess of $2 million.

 

Forgiveness Amount Calculation (see Summary of Costs Eligible for Forgiveness below):

 

Line 1:  Enter total eligible payroll costs incurred or paid during the Covered Period or the Alternative Payroll Covered Period.  To calculate these costs, complete PPP Schedule A.  Enter the amount from PPP Schedule A, line 10.

 

End of Page 1.

Line 2:  Enter the amount of business mortgage interest payments during the Covered Period for any business mortgage obligation on real or personal property incurred before February 15, 2020. Do not include prepayments.

 

Line 3:  Enter the amount of business rent or lease payments for real or personal property during the Covered Period, pursuant to lease agreements in force before February 15, 2020.

 

Line 4:  Enter the amount of business utility payments during the Covered Period, for business utilities for which service began before February 15, 2020.

 

NOTE:  For lines 2-4, you are not required to report payments that you do not want to include in the forgiveness amount.

 

Line 5:  Enter the number from PPP Schedule A, line 3.  This amount reflects the loan forgiveness reduction required for salary/hourly wage reductions in excess of 25% for certain employees as described in PPP Schedule A.

 

Line 6:  Add lines 1 through 4, subtract line 5, enter the total. If this amount is less than zero, enter a zero.

 

Line 7:  Enter the number from PPP Schedule A, line 13.

 

Line 8:  Enter the amount on line 6 multiplied by the amount on line 7.  This calculation incorporates the loan forgiveness reduction required for any full-time equivalency (FTE) employee reductions as described in PPP Schedule A.

 

Line 9:  Enter the PPP Loan Amount.

 

Line 10:  Divide the amount on line 1 by 0.75, and enter the amount.  This determines whether at least 75% of the potential forgiveness amount was used for payroll costs.  For more information, see Interim Final Rule on Paycheck Protection Program posted on April 2, 2020 (85 FR 20811).

 

Line 11:  Enter the smallest of lines 8, 9, or 10.

 

Note:  If applicable, SBA will deduct EIDL Advance Amounts from the forgiveness amount remitted to the Lender.

 

Summary of Costs Eligible for Forgiveness

 

Borrowers are eligible for loan forgiveness for the following costs:

 

1.  Eligible payroll costs.

Borrowers are generally eligible for forgiveness for the payroll costs paid and payroll costs incurred during the eight-week (56-day) Covered Period (or Alternative Payroll Covered Period) (payroll costs”). 

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

  • Payroll costs are considered incurred on the day that the employee's pay is earned. 

  • Payroll costs incurred but not paid during the Borrower's last pay period of the Covered Period (or 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). 

  • For each individual employee, the total amount of cash compensation eligible for forgiveness may not exceed an annual salary of $100,000, as prorated for the covered period. 

  • Count payroll costs that were both paid and incurred only once. 

  • For information on what qualifies as payroll costs, see Interim Final Rule on Paycheck Protection Program posted on April 2, 2020 (85 FR 20811).

 

2.  Eligible nonpayroll costs.

Nonpayroll costs eligible for forgiveness consist of:

  • (a) covered mortgage obligations: payments of interest (not including any prepayment or payment of principal) on any business mortgage obligation on real or personal property incurred before February 15, 2020 (“business mortgage interest payments”); 

  • (b) covered rent obligations: business rent or lease payments pursuant to lease agreements for real or personal property in force before February 15, 2020 (“business rent or lease payments”); and 

  • (c) covered utility payments: business payments for a service for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before February 15, 2020 (“business utility payments”). 

    An eligible nonpayroll cost must be paid during the Covered Period or incurred during the Covered Period and paid on or before the next regular billing date, even if the billing date is after the Covered Period. Eligible nonpayroll costs cannot exceed 25% of the total forgiveness amount. Count nonpayroll costs that were both paid and incurred only once.

 

The amount of loan forgiveness the Borrower applies for may be subject to reductions as explained in PPP Schedule A. 

 

End of Page 2.

 

 

PPP Loan Forgiveness Calculation Form

 

Business Legal Name (“Borrower"): __________________________________________|

DBA or Tradename, if applicable: __________________________________________

Business Address: _________________________________________________________________________________

Business TIN (EIN, SSN):__________________________________________

Business Phone: __________________________________________

Primary Contact: __________________________________________

E-mail Address: __________________________________________

 

 

SBA PPP Loan Number: __________________________________________

Lender PPP Loan Number: __________________________________________

PPP Loan Amount: __________________________________________

PPP Loan Disbursement Date: __________________________________________

Employees at Time of Loan Application: __________________________________________

Employees at Time of Forgiveness Application:__________________________________________

EIDL Advance Amount: __________________________________________

EIDL Application Number: __________________________________________

Payroll Schedule: The frequency with which payroll is paid to employees is:

__Weekly   ___Biweekly (every other week)   ___Twice a month   ___Monthly   Other ______________________

 

Covered Period: _________________________ to _________________________

 

Alternative Payroll Covered Period, if applicable: _________________________ to _________________________

 

If Borrower (together with affiliates, if applicable) received PPP loans in excess of $2 million, check here: ___

 

Forgiveness Amount Calculation

 

Payroll and Non Payroll Costs 

Line 1.  Payroll Costs (enter the amount from PPP Schedule A, line 10): __________________

Line 2.  Business Mortgage Interest Payments: __________________

Line 3.  Business Rent or Lease Payments: __________________

Line 4.  Business Utility Payments: __________________

 

Adjustments for Full-Time Equivalency (FTE) and Salary/Hourly Wage Reductions 

Line 5.  Total Salary/Hourly Wage Reduction (enter the amount from PPP Schedule A, line 3): __________________

Line 6.  Add the amounts on lines 1, 2, 3, and 4, then subtract the amount entered in line 5: __________________

Line 7.  FTE Reduction Quotient (enter the number from PPP Schedule A, line 13): __________________

 

Potential Forgiveness Amounts 

Line 8.  Modified Total (multiply line 6 by line 7): __________________

Line 9.  PPP Loan Amount: __________________

Line 10. P ayroll Cost 75% Requirement (divide line 1 by 0.75): __________________

 

Forgiveness Amount 

Line 11.  Forgiveness Amount (enter the smallest of lines 8, 9, and 10): __________________

 

End of Page 3.

 

Paycheck Protection Program Loan Forgiveness Application

 

By Signing Below, You Make the following Representations and Certifications on Behalf of the Borrower:

 

The authorized representative of the Borrower certifies to all of the below by initialing next to each one.

 

___ The dollar amount for which forgiveness is requested: 

  • was used to pay costs that are eligible for forgiveness (payroll costs to retain employees; business mortgage interest payments; business rent or lease payments; or business utility payments); 

  • includes all applicable reductions due to decreases in the number of full-time equivalent employees and salary/hourly wage reductions;

  • does not include nonpayroll costs in excess of 25% of the amount requested; and 

  • does not exceed eight weeks' worth of 2019 compensation for any owner-employee or self-employed individual/general partner capped at $15,385 per individual.

 

___ I understand that if the funds were knowingly used for unauthorized purposes, the federal government may pursue recovery of loan amounts and/or civil or criminal fraud charges.

 

___ The Borrower has accurately verified the payments for the eligible payroll and nonpayroll costs for which the Borrower is requesting forgiveness.

 

___ I have submitted to the Lender the required documentation verifying payroll costs, the existence of obligations and service (as applicable) prior to February 15, 2020, and eligible business mortgage interest payments, business rent or lease payments, and business utility payments.

 

___ The information provided in this application and the information provided in all supporting documents and forms is true and correct in all material respects.  I understand that knowingly making a false statement to obtain forgiveness of an SBA-guaranteed loan is punishable under the law, including 18 USC 1001 and 3571 by imprisonment of not more than five years and/or a fine of up to $250,000; under 15 USC 645 by imprisonment of not more than two years and/or a fine of not more than $5,000; and, if submitted to a Federally insured institution, under 18 USC 1014 by imprisonment of not more than thirty years and/or a fine of not more than $1,000,000.

 

___ The tax documents I have submitted to the Lender are consistent with those the Borrower has submitted/will submit to the IRS and/or state tax or workforce agency.  I also understand, acknowledge, and agree that the Lender can share the tax information with SBA's authorized representatives, including authorized representatives of the SBA Office of Inspector General, for the purpose of ensuring compliance with PPP requirements and all SBA reviews.

 

___ I understand, acknowledge, and agree that SBA may request additional information for the purposes of evaluating the Borrower's eligibility for the PPP loan and for loan forgiveness and that the Borrower's failure to provide the information requested by SBA may result in a determination that the Borrower was ineligible for the PPP loan or a denial of the Borrower's loan forgiveness application.

 

The Borrower's eligibility for loan forgiveness will be evaluated in accordance with the PPP regulations and guidance issued by SBA through the date of this application.  SBA may direct a lender to disapprove the Borrower's loan forgiveness application if SBA determines that the Borrower was ineligible for the PPP loan.

 

Signature of Authorized Representative of Borrower ______________________________________

 

Date _____________________

 

Print Name ______________________________________

 

Title ______________________________________

 

End of Page 4.

 

Instructions for PPP Schedule A

 

Lines 1 through 5:  Enter the amounts from PPP Schedule A Worksheet Tables as directed.  Enter the amount from line 3 of PPP Schedule A on line 5 of the Loan Forgiveness Application Form.

 

For lines 6 through 9, during the Covered Period or the Alternative Payroll Covered Period:

 

Line 6:  Enter the total amount paid by the Borrower for employer contributions for employee health insurance, including employer contributions to a self-insured, employer-sponsored group health plan, but excluding any pre-tax or after-tax contributions by employees.

 

Line 7:  Enter the total amount paid by the Borrower for employer contributions to employee retirement plans, excluding any pre-tax or after-tax contributions by employees.

 

Line 8:  Enter the total amount paid by the Borrower for employer state and local taxes assessed on employee compensation (e.g., state unemployment insurance tax); do not list any taxes withheld from employee earnings.

 

Line 9:  Enter any amounts paid to owners (owner-employees, a self-employed individual, or general partners).  This amount is capped at $15,385 (the eight-week equivalent of $100,000 per year) for each individual or the eight-week equivalent of their applicable compensation in 2019, whichever is lower.  See Interim Final Rule on Additional Eligibility Criteria and Requirements for Certain Pledges of Loans posted on April 14, 2020, for more information (85 FR 21747, 21749).

 

Line 10:  Add lines 1, 4, 6, 7, 8, and 9.  Enter this amount on line 1 on the PPP Loan Forgiveness Calculation Form.

 

Line 11:  Enter the Borrower's total average weekly full-time equivalency (FTE) during the chosen reference period.   For purposes of this calculation, the reference period is, at the Borrower's election, either (i) February 15, 2019 to June 30, 2019; (ii) January 1, 2020 to February 29, 2020; or (iii) in the case of seasonal employers, either of the preceding periods or a consecutive twelve-week period between May 1, 2019 and September 15, 2019.

For each employee, follow the same method that was used to calculate Average FTE on the PPP Schedule A Worksheet.   Sum across all employees during the reference period and enter that total on this line.

 

The calculations on lines 11, 12, and 13 will be used to determine whether the Borrower's loan forgiveness amount must be reduced based on reductions in full-time equivalent employees, as required by the statute.  Specifically, the actual loan forgiveness amount that the Borrower will receive may be reduced if the Borrower's average weekly FTE employees during the Covered Period (or the Alternative Payroll Covered Period) was less than during the Borrower's chosen reference period.  The Borrower is exempt from such a reduction if the FTE Reduction Safe Harbor applies.  See PPP Schedule A Worksheet—FTE Reduction Safe Harbor.

 

Line 12:  Add lines 2 and 5.

 

Line 13:  Divide line 12 by line 11 (or enter 1.0 if the FTE Reduction Safe Harbor has been met, according to PPP Schedule A Worksheet—FTE Reduction Safe Harbor).  If more than 1.0, enter 1.0. Enter this amount on line 7 of the Loan Forgiveness Calculation Form.

 

End of Page 5.

 

PPP Schedule A

 

PPP Schedule A Worksheet, Table 1 Totals

 

Line 1.  Enter Cash Compensation (Box 1) from PPP Schedule A Worksheet, Table 1:

 

Line 2.  Enter Average FTE (Box 2) from PPP Schedule A Worksheet, Table 1:

 

Line 3.  Enter Salary/Hourly Wage Reduction (Box 3) from PPP Schedule A Worksheet, Table 1:

If the average annual salary or hourly wage for each employee listed on the PPP Schedule A Worksheet, Table 1 during the Covered Period or the Alternative Payroll Covered Period was at least 75% of such employee's average annual salary or hourly wage between January 1, 2020 and March 31, 2020, check here and enter 0 on line 3.

 

PPP Schedule A Worksheet. Table 2 Totals

 

Line 4.  Enter Cash Compensation (Box 4) from PPP Schedule A Worksheet, Table 2:

 

Line 5.  Enter Average FTE (Box 5) from PPP Schedule A Worksheet, Table 2:

Non-Cash Compensation Payroll Costs During the Covered Period or the Alternative Payroll Covered Period

 

Line 6.  Total amount paid by Borrower for employer contributions for employee health insurance:

 

Line 7.  Total amount paid by Borrower for employer contributions to employee retirement plans:

 

Line 8.  Total amount paid by Borrower for employer state and local taxes assessed on employee compensation:

 

Compensation to Owners

 

Line 9.  Total amount paid to owner-employees/self-employed individual/general partners:

This amount may not be included in PPP Schedule A Worksheet, Table 1 or 2.  If there is more than one individual included, attach a separate table that lists the names of and payments to each.

 

Total Payroll Costs

 

Line 10.  Payroll Costs (add lines 1, 4, 6, 7, 8, and 9):

 

Full-Time Equivalency (FTE) Reduction Calculation 

If you have not reduced the number of employees or the average paid hours of your employees between January 1, 2020 and the end of the Covered Period, check here O, skip lines 11 and 12 and enter 1.0 on line 13.

 

Line 11.  Average FTE during the Borrower's chosen reference period:

 

Line 12.  Total Average FTE (add lines 2 and 5):

 

Line 13.  FTE Reduction Quotient (divide line 12 by line 11) or enter 1.0 if FTE Safe Harbor is met:

 

End of Page 6.

 

Instructions for PPP Schedule A Worksheet

 

Complete the PPP Schedule A Worksheet or obtain an equivalent report from the Borrower's payroll system or payroll processor.

 

Table Instructions

 

Employee's Name:  Separately list each employee.  Do not include any independent contractors, owner-employees, self-employed individuals, or partners.

 

Employee Identifier:  Enter the last four digits of each employee's Social Security Number.

 

Cash Compensation:  Enter the sum of gross salary, gross wages, gross tips, gross commissions, paid leave (vacation, family, medical or sick leave, not including leave covered by the Families First Coronavirus Response Act), and allowances for dismissal or separation paid or incurred during the Covered Period or the Alternative Payroll Covered Period.  For each individual employee, the total amount of cash compensation eligible for forgiveness may not exceed an annual salary of $100,000, as prorated for the Covered Period; therefore, do not enter more than $15,385 in Table 1 or Table 2 for any individual employee.

 

Average FTE:  This 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 that 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.

 

This calculation will be used to determine whether the Borrower's loan forgiveness amount must be reduced due to a statutory requirement concerning reductions in full-time equivalent employees.  Borrowers are eligible for loan forgiveness for certain expenditures during the Covered Period or the Alternative Payroll Covered Period.  However, the actual loan forgiveness amount that the Borrower will receive may be less, depending on whether the Borrower's average weekly number of FTE employees during the Covered Period or the Alternative Payroll Covered Period was less than during the Borrower's chosen reference period (see Instructions to PPP Schedule A, Line 11).  The Borrower is exempt from such a reduction if the FTE Reduction Safe Harbor applies.  See the FTE Reduction Safe Harbor instructions below.

 

Salary/Hourly Wage Reduction:  This calculation will be used to determine whether the Borrower's loan forgiveness amount must be reduced due to a statutory requirement concerning reductions in employee salary and wages.  Borrowers are eligible for loan forgiveness for certain expenditures during the Covered Period or the Alternative Payroll Covered Period.  However, the actual amount of loan forgiveness the Borrower will receive may be less, depending on whether the salary or hourly wages of certain employees during the Covered Period or the Alternative Payroll Covered Period was less than during the period from January 1, 2020 to March 31, 2020.  If the Borrower restored salary/hourly wage levels, the Borrower may be eligible for the elimination of the Salary/Hourly Wage Reduction amount.  Borrowers must complete this worksheet to determine whether to reduce the amount of loan forgiveness for which they are eligible.  Complete the Salary/Hour Wage Reduction column only for employees whose salaries or hourly wages were reduced by more than 25% during the Covered Period or the Alternative Payroll Covered Period as compared to the period of January 1, 2020 through March 31, 2020.  For each employee listed in Table 1, complete the following (using salary for salaried employees and hourly wage for hourly employees):

 

Step 1. Determine if pay was reduced more than 25%.

a. Enter average annual salary or hourly wage during the Covered Period or Alternative Payroll Covered Period: __________________.

b. Enter average annual salary or hourly wage between January 1, 2020 and March 31, 2020: __________________. 

c. Divide the value entered in 1.a. by 1.b.: __________________.  

If 1.c. is 0.75 or more, enter zero in the column above box 3 for that employee; otherwise, proceed to Step 2.

 

Step 2. Determine if the Salary/Hourly Wage Reduction Safe Harbor is met.

a. Enter the annual salary or hourly wage as of February 15, 2020: __________________.

b. Enter the average annual salary or hourly wage between February 15, 2020 and April 26, 2020: __________________.  

If 2.b. is equal to or greater than 2.a., skip to Step 3. Otherwise, proceed to 2.

c. Enter the average annual salary or hourly wage as of June 30, 2020: __________________.  

If 2.c. is equal to or greater than 2.a., the Salary/Hourly Wage Reduction Safe Harbor has been met - enter zero in the column above box 3 for that employee. Otherwise, proceed to Step 3.

 

Step 3. Determine the Salary/Hourly Wage Reduction.

a. Multiply the amount entered in 1.b. by 0.75: __________________.

b. Subtract the amount entered in 1.a. from 3.a.: __________________. 

 

End of Page 7.

If the employee is an hourly worker, compute the total dollar amount of the reduction that exceeds 25% as follows:

c. Enter the average number of hours worked per week between January 1, 2020 and March 31, 2020: __________________.

d. Multiply the amount entered in 3.b. by the amount entered in 3.c. __________________.  Multiply this amount by 8  __________________.  Enter this value in the column above box 3 for that employee. 

If the employee is a salaried worker, compute the total dollar amount of the reduction that exceeds 25% as follows: 

e. Multiply the amount entered in 3.b. by 8: __________________.  

Divide this amount by 52:  __________________. 

Enter this value in the column above box 3 for that employee.

 

FTE Reduction Exceptions:  Indicate the FTE of (1) any positions for which the Borrower made a good-faith, written offer to rehire an employee during the Covered Period or the Alternative Payroll Covered Period which was rejected by the employee; and (2) any employees who during the Covered Period or the Alternative Payroll Covered Period (a) were fired for cause, (b) voluntarily resigned, or (c) voluntarily requested and received a reduction of their hours.  In all of these cases, include these FTEs on this line only if the position was not filled by a new employee.  Any FTE reductions in these cases do not reduce the Borrower's loan forgiveness.

 

Boxes 1 through 5:  Enter the sums of the amounts in each of the columns.

 

FTE Reduction Safe Harbor

A safe harbor under applicable law and regulation exempts certain borrowers from the loan forgiveness reduction based on FTE employee levels. Specifically, the Borrower is exempt from the reduction in loan forgiveness based on FTE employees described above if both of the following conditions are met: (1) the Borrower reduced its FTE employee levels in the period beginning February 15, 2020, and ending April 26, 2020; and (2) the Borrower then restored its FTE employee levels by not later than June 30, 2020 to its FTE employee levels in the Borrower's pay period that included February 15, 2020.

 

End of Page 8.

 

PPP Schedule A Worksheet

 

Table 1:  List employees who:

• 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. 

 

Employee's Name ________________________________

Employee Identifier ________________________________

Cash Compensation ________________________________

Average FTE ________________________________

Salary/ Hourly Wage Reduction _________________________

FTE Reduction Exceptions: _____________________________

Totals: ________________________________

Box 1

Box 2

Box 3

 

Table 2:  List employees who: 

• 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.

 

Employee's Name ________________________________

Employee Identifier ________________________________

Cash Compensation ________________________________

Average FTE ________________________________

Totals: ________________________________

Box 4

Box 5

Attach additional tables if additional rows are needed.

 

FTE Reduction Safe Harbor

 

Step 1.  Enter the borrower's total average FTE between February 15, 2020 and April 26, 2020.  Follow the same method that

was used to calculate Average FTE in the PPP Schedule A Worksheet Tables.  Sum across all employees and enter:

 

Step 2.  Enter the borrower's total FTE in the Borrower's pay period inclusive of February 15, 2020.  Follow the same method

that was used in step 1:

 

Step 3.  If the entry for step 2 is greater than step 1, proceed to step 4.  Otherwise, the FTE Reduction Safe Harbor is not applicable and the Borrower must complete line 13 of PPP Schedule A by dividing line 12 by line 11 of that schedule.

 

Step 4.  Enter the borrower's total FTE as of June 30, 2020:

 

Step 5.  If the entry for step 4 is greater than or equal to step 2, enter 1.0 on line 13 of PPP Schedule A; the FTE Reduction Safe Harbor has been satisfied.  Otherwise, the FTE Reduction Safe Harbor does not apply and the Borrower must complete line 13 of PPP Schedule A by dividing line 12 by line 11 of that schedule.

 

End of Page 9.

 

Documents that Each Borrower Must Submit with its PPP Loan Forgiveness Application

 

PPP Loan Forgiveness Calculation Form

 

PPP Schedule A

 

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)).

 

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 twelve-week 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.

 

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 canceled 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 canceled 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, canceled checks, or account statements verifying those eligible payments.

 

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.

 

End of Page 10.

 

PPP Borrower Demographic Information Form (Optional)

 

Instructions

 

1.  Purpose.  Veteran/gender/race/ethnicity data is collected for program reporting purposes only. 

2.  Description.  This form requests information about each of the Borrower's Principals. Add additional sheets if necessary. 

3.  Definition of Principal.  The term “Principal” means: 

• For a self-employed individual, independent contractor, or a sole proprietor, the self-employed individual, independent contractor, or sole proprietor. 

• For a partnership, all general partners and all limited partners owning 20% or more of the equity of the Borrower, or any partner that is involved in the management of the Borrower's business. 

• For a corporation, all owners of 20% or more of the Borrower, and each officer and director.

• For a limited liability company, all members owning 20% or more of the Borrower, and each officer and director.

• Any individual hired by the Borrower to manage the day-to-day operations of the Borrower (“key employee”). 

• Any trustor (if the Borrower is owned by a trust).

• For a nonprofit organization, the officers and directors of the Borrower. 

4.  Principal Name.  Insert the full name of the Principal. 

5.  Position.  Identify the Principal's position; for example, self-employed individual; independent contractor; sole proprietor; general partner; owner; officer; director; member; or key employee.

 

Principal Name: ________________________________

Position: ________________________________

Veteran  1=Non-Veteran; 2=Veteran; 3=Service-Disabled Veteran; 4=Spouse of Veteran; X=Not Disclosed  ________________________________

Gender  M=Male; F=Female: X=Not Disclosed  ________________________________

Race (more than 1| 1=American Indian or Alaska Native; 2=Asian; 3=Black or African-American; 4=Native may be selected) Hawaiian or Pacific Islander; 5=White; X=Not Disclosed Ethnicity H=Hispanic or Latino; N=Not Hispanic or Latino; X=Not Disclosed ________________________________

 

Disclosure is voluntary and will have no bearing on the loan forgiveness decision.

 

Paperwork Reduction Act – You are not required to respond to this collection of information unless it displays a currently valid OMB Control Number.  The estimated time for completing this application, including gathering data needed, is 180 minutes.  Comments about this time or the information requested should be sent to Small Business Administration, Director, Records Management Division, 409 3rd St., SW, Washington DC 20416, and/or SBA Desk Officer, Office of Management and Budget, New Executive Office Building, Washington DC 20503.

 

End of Page 11.

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CARES Act ADVISORY   I   Loan Forgiveness ... so far

One of the key features of the CARES Act is the provision allowing forgiveness of your SBA loan based on certain criteria.  We can assist in your efforts to maximize your eligible forgiveness.  Substantiating any and all claims for forgiveness must be fully documented and available for a full audit.  
 

All or some of your loan will be fully forgiven if the funds are used appropriately for payroll costs, interest on mortgages, rent, and utilities.  Loan payments will also be deferred for six months.  No collateral or personal guarantees are required.  Neither the government nor lenders will charge small businesses any fees.

 

"Loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities.  Not more than 25 percent of the forgiven amount may be for non-payroll costs ... Limiting non-payroll costs to 25 percent of the forgiveness amount will align these elements of the program, and will also help to ensure that the finite appropriations available for PPP loan forgiveness are directed toward payroll protection.  SBA will issue additional guidance on loan forgiveness." - SBA Guidance Jovita Carranza, Administrator

Forgiveness of your loan is based on maintaining or quickly rehiring your employees and maintaining your salary levels.  Your allowable loan forgiveness amount will be reduced if you do not maintain your staff and payroll.  Forgiveness will be reduced if your full-time equivalency headcount declines.  Your loan forgiveness will also be reduced if you decrease salaries and wages by more than 25% for any employee that made less than $100,000 annualized in 2019.   You will, however, have until June 30, 2020, to restore your full-time employment and salary levels for any changes made between February 15, 2020, and April 26, 2020. 

Number of Staff:  Your loan forgiveness will be reduced if you decrease your full-time employee headcount. 

Level of Payroll:  Your loan forgiveness will also be reduced if you decrease salaries and wages by more than 25% for any employee that made less than $100,000 annualized in 2019. 

Re-Hiring:  You have until June 30, 2020, to restore your full-time employment and salary levels for any changes made between February 15, 2020, and April 26, 2020.

 

There is a forgiveness quotient to be used, and we will detail how to figure and utilize this quotient to your full forgiveness eligibility.  This is the critical calculation in the loan forgiveness process. 

Everyone should keep in mind that this SBA loan application is not totally in sync with the criteria of the CARES Act.  If you are applying for this special SBA loan, you MUST adhere to the agreement detailed in the SBA application form [the CARES Act is irrelevant].  Be certain to fill out the SBA loan application form with the exact information demanded by the application.  You will also have to adhere to the full requirements of your lending bank.

Note:  The interest rate will be 100 basis points or one percent.  The Administrator, in consultation with the Secretary, determined that a one percent interest rate is appropriate.  The maturity is two years.  While the CARES Act provides that a loan will have a maximum maturity of up to ten years from the date the borrower applies for loan forgiveness, the Administrator, in consultation with the Secretary, determined that a two-year loan term is sufficient in light of the temporary economic dislocations caused by the coronavirus. 

 

Expenses Eligible for Loan Forgiveness

Let’s start with what expenses are eligible for forgiveness in the first place.  Once you have determined what expenses are eligible for forgiveness, we can move on to the base number of employees and wages that the SBA expects you to get back to.  If you fall short of the number of FTE’s and wages and salaries, you will have the amount of eligible forgiveness reduced by your percentage of the shortfall.

 

CARES Act Page 43 Line 3  subsection (b) FORGIVENESS.—An eligible recipient shall be eligible for forgiveness of indebtedness on a covered loan in an amount equal to the sum of the following costs incurred and payments made during the covered period:

  1. Payroll costs.

  2. (Any payment of interest on any covered mortgage obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation).

  3. Any payment on any covered rent obligation.

  4. Any covered utility payment. 

 

First Condition for Loan Forgiveness Eligibility

CARES Act Page 45 Line 33  REDUCTION BASED ON REDUCTION IN NUMBER OF EMPLOYEES.—

The amount of loan forgiveness under this section shall be reduced by multiplying the number of eligible expenses described above by the quotient obtained by dividing the average number of your full-time equivalent employees [FTEs] per month employed during the covered period [the term ‘‘covered period’’ means the 8-week period beginning on the date of the origination of a covered loan]; by 

 

You get to choose either of the following two payroll time periods to use as your divider.  For the purpose of maximizing your eligible forgiveness, you would want to pick the period that has the lowest FTEs and payroll costs:

  1. [Last Year]  the average number of full-time equivalent employees [FTEs] per month employed by the eligible recipient during the period beginning on February 15, 2019, and ending on June 30, 2019; or

  2. [This Year]  the average number of full-time equivalent employees [FTEs] per month employed by the eligible recipient during the period beginning on January 1, 2020, and ending on February 29, 2020.

 

This is a pretty straight forward calculation.  You take the FTEs from the 8-Weeks that start as soon as you get your loan, and then you divide that by the FTEs you had during one of the two time periods you get to choose from.  

 

For example:  If you choose January 1, 2020, to February 29, 2020, as your time period, and if you had 50 FTEs during that period, you would divide the number of FTEs during your 8-Week period by 50.  So, if you have 40 FTEs during the 8-Week period immediately following receipt of your loan, your quotient for forgiveness would be 40 divided by 50 [or 80%].

 

 

 

This means you would only be able to deduct 80% of your eligible expenses [and your payroll costs must still be at least 75% of this new total of eligible loan forgiveness].

 

But the conditions for the reduction of loan forgiveness do not stop there.

 

Second Condition for Loan Forgiveness Eligibility

CARES Act Page 47 lIne 3  REDUCTION RELATING TO SALARY AND WAGES.—

The amount of loan forgiveness under this section shall be reduced by the amount of any reduction in total salary or wages of any employee [under $100k] during the covered period [8-Weeks] that is in excess of 25 percent of the total salary or wages of the employee during the most recent full quarter during which the employee was employed before the covered period.

 

So this means that you should pay employees as much as they were previously earning during the 8-Weeks that start as soon as you receive your loan.  This is particularly important with your commission and incentivized employees.

 

But the conditions for the reduction of loan forgiveness still do not stop there.  There is one more condition:

 

Third Condition for Loan Forgiveness Eligibility

CARES Act Page 48 lIne 11  CIRCUMSTANCES.—A circumstance 

  1. in which—during the period beginning on February 15, 2020, and ending on the date that is 30 days after the date of enactment of this Act  [April 26, 2020], there is a reduction, as compared to February 15, 2020, in the number of full-time equivalent employees of an eligible recipient; and not later than June 30, 2020, the eligible employer has eliminated the reduction in the number of full-time equivalent employees;

  2. in which—during the period beginning on February 15, 2020, and ending on the date that is 30 days after the date of enactment of this Act  [April 26, 2020], there is a reduction, as compared to February 15, 2020, in the salary or wages of 1 or more employees of the eligible recipient; and not later than June 30, 2020, the eligible employer has eliminated the reduction in the salary or wages of such employees.

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CARES Act ADVISORY   I   Interim Rules & FAQs as of May 4th

Frequently Asked Questions   .   April 28, 2020

Important to note that this is technically not legally binding, but they have generally been putting the exact same language from the FAQ into Interim Final Rules

 https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequently-Asked-Questions.pdf

Interim Final Rule   .   April 15, 2020

This interim final rule is one of the most important and provides the most complete guidance.  Keep in mind that this supersedes the CARES Act, so read it carefully.

https://www.federalregister.gov/documents/2020/04/15/2020-07672/business-loan-program-temporary-changes-paycheck-protection-program

Interim Final Rule   .   April 15, 2020

This interim final rule pertains to Applicable Affiliation Rules - https://home.treasury.gov/system/files/136/SBA%20IFR%202.pdf

Affiliation Rules - https://home.treasury.gov/system/files/136/Affiliation%20rules%20overview%20%28for%20public%29.pdf

Interim Final Rule   .   April 20, 2020

This interim final rule provides Additional Eligibility Criteria and Requirements for Certain Pledges of Loans - https://home.treasury.gov/system/files/136/Interim-Final-Rule-Additional-Eligibility-Criteria-and-Requirements-for-Certain-Pledges-of-Loans.pdf

 

Interim Final Rule   .   April 28, 2020

This interim final rule provides Requirements for Promissory Notes, Authorizations, Affiliation, and Eligibility - https://home.treasury.gov/system/files/136/Interim-Final-Rule-on-Requirements-for-Promissory-Notes-Authorizations-Affiliation-and-Eligibility.pdf

Interim Final Rule   .   April 30, 2020

This interim final rule provides Additional Criterion for Seasonal Employers - https://home.treasury.gov/system/files/136/Interim-Final-Rule-Additional-Criterion-for-Seasonal-Employers.pdf

Interim Final Rule   .   May 4, 2020

This interim final rule supplements the previously posted interim final rules by limiting the amount of PPP loans that any single corporate group may receive and provides additional guidance on the criteria for non-bank lender participation in the PPP, and requests public comment.  https://www.federalregister.gov/documents/2020/05/04/2020-09576/business-loan-program-temporary-changes-paycheck-protection-program-requirements-corporate-groups

Interim Final Rule   .   May 4, 2020

This interim final rule supplements the previously posted interim final rules as it pertains to disbursements.  

https://www.federalregister.gov/documents/2020/05/04/2020-09398/business-loan-program-temporary-changes-paycheck-protection-program-requirements-disbursements

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