Schneider Downs continues to track the evolving landscape of Federal Financial Assistance Programs offered due to the disruption of the coronavirus pandemic (“COVID-19”). The CARES Act Paycheck Protection Program (“PPP”) under the Small Business Act is one of the key parts of the Federal government’s relief efforts.
Below is a summary of the PPP Limits on Amount of Forgiveness (Section 1106 (d)):
The intent of the CARES Act and more specifically the Paycheck Protection Program (PPP) was to help employers maintain their workforce and pay employees during these unprecedented times. With applications now being accepted and approved for the PPP, our focus is on the business decisions business owners should consider in maximizing forgiveness of the PPP loan.
The Interim Final Rule regarding the PPP was issued on April 2, 2020 and notes that the SBA will issue additional guidance on loan forgiveness; the information below is based on information available as of April 14, 2020.
Allowable uses of loan proceeds
A borrower is eligible for loan forgiveness for the sum of allowable payroll and non-payroll costs incurred and payments made during the covered period. The covered period is defined as an 8-week period starting the day the borrower receives the first disbursement of the PPP loan. Lenders are supposed to make the first loan disbursement ten (10) calendar days after loan approval.
For additional information on allowable uses, see Schneider Downs’ previous Our Thoughts On article: Important Update on the Payroll Protection Program Under the CARES Act at:
/our-thoughts-on/update-on-payroll-protection-program
Reduction of Forgiveness
Even if during the covered period the borrower uses all of the funds for allowable payroll and non-payroll expenditures, forgiveness under Section 1106 (d) can still be limited for either or both of the following reasons:
- Reduction of Number of Employees
A reduction of the number employees will be calculated by dividing the number of average monthly full-time equivalent (FTE) employees during the covered period by the average monthly FTE employees during one of two periods at the borrower’s election:
- February 15, 2019 through June 30, 2019; or
- January 1, 2020 through February 29, 2020.
However, if the employer is a seasonal employer as determined by the Small Business Administration (SBA), the borrower is required to use the period from February 15, 2019 through June 30, 2019.
Example: Assuming that the borrower selected the period of comparison for determining average monthly FTE to be February 15, 2019 through June 30, 2019. If during that period (February 15, 2019 through June 30, 2019) the monthly average FTE employees was 100 employees, but during the covered period the borrower’s monthly FTE employees was 80 employees, then the borrowers forgiveness is limited to 80% of the allowable uses (payroll and non-payroll) plus the reduction of salary and wages as described below, if any.
- Reduction Related to Salary and Wages
The reduction of salary and wages is related only to employees who did not earn an annualized wage or salary of $100,000 during any period in 2019, according to Section 1106(d)(3)(B). If total wages or salary for those employees is reduced in excess of 25% during the covered period in relation to the most recent full quarter during which the employee was employed before the covered period, the borrower’s forgiveness will be further reduced by the excess.
Example: Assume that the borrower had one (1) employee and their covered period started on April 1, 2020. In addition, during the most recent full quarter, which in this case would have been the period from January 1, 2020 through March 31, 2020, the one (1) employee’s annual wage and salary were $80,000 or approximately $1,538 weekly. If during the covered period, the employee’s average weekly salary and wage was less than $1,154 (or $9,232 total) the borrower would be subject to a reduction of forgiveness
|
|
Annual Salary |
Weekly Salary |
Equivalent 8-Week Salary and Wages |
|
Most recent full quarter |
$80,000 |
$1,538 |
$12,308 |
|
Covered Period |
60,000 |
1,154 |
9,231 |
|
Reduction |
$20,000 |
$385 |
$3,077 |
|
% of Original Salary |
75.0% |
75.0% |
75.0% |
Exemption of Forgiveness
There is an exemption from the reduction to loan forgiveness discussed above for re-hiring of employees if:
- A reduction occurred between February 15, 2020 and April 26, 2020 (30 days after the date of enactment of the CARES Act); and
- That reduction is eliminated by June 30, 2020.
If the employer experienced a reduction, the borrower will calculate FTE employees and salary and wages as of February 15, 2020 and April 26, 2020. If FTE employees and/or salary and wages have decreased between the periods, then in order to qualify for the exemption, the employer must eliminate that reduction(s) no later than June 30, 2020. It is important to note that there is no $100,000 salary and wage threshold for employees in the exemption of forgiveness.
Below is a table of circumstances that a borrower might have experienced during the period from February 15, 2020 through April 26, 2020, and how a borrower might remediate the circumstance to qualify for the exception.
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|
Scenario 1 |
|
Scenario 2 |
|
Scenario 3 |
|
|||
|
Period |
Workforce |
Salary and Wage |
|
Workforce |
Salary and Wage |
|
Workforce |
Salary and Wage |
|
|
February 15, 2020 through April 26, 2020 |
Reduction |
Reduction |
|
Same |
Reduction |
|
Reduction |
Same |
|
|
Not later than June 30, 2020 |
Must be eliminated |
Must be eliminated |
|
No action |
Must be eliminated |
|
Must be eliminated |
No action |
|
If the borrower experiences the circumstances noted above and eliminates the reduction(s), then there is no reduction of forgiveness for either the reduction of FTE employees or reduction of salary and wages noted previously.
Lastly, the SBA and the Secretary of the United States of America Department of Treasury may prescribe regulations granting de minimis exemptions from the requirements.
Please visit our Coronavirus Resource Center for related content.
