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Update on SBA Loan Forgiveness

On Friday June 5th, the Paycheck Protection Flexibility Act was signed into law. It made several notable changes to the program, with two key points.

  • Previously, in order to qualify or full loan forgiveness, a minimum of 75% of the loan proceeds had to be spent on payroll. That has now been reduced to 60%.
  • Originally, it was required that loan funds be completely utilized in the 8-week period following funding of the loan. This has now been extended to 24-weeks.

Supporting Documentation That Must be Submitted with the Application

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:

  • Bank account statements or third-party payroll service provider reports documenting the amount of cash compensation paid to employees.
  • 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:
    1. Payroll tax filings reported, or that will be reported, to the IRS (typically, Form 941); and
    2. State quarterly business and individual employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.
  • 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.

FTE:

Documentation showing (at the election of the Borrower):

  • The average number of FTE employees on payroll per month employed by the Borrower between February 15, 2019 and June 30, 2019;
  • The average number of FTE employees on payroll per month employed by the Borrower between January 1, 2020 and February 29, 2020; OR
  • 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.

Documents may include:

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

  • Business mortgage interest payments:
    1. Copy of lender amortization schedule and receipts or cancelled checks verifying eligible payments from the Covered Period; OR
    2. 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.
  • Business rent or lease payments:
    1. Copy of current lease agreement and receipts or cancelled checks verifying eligible payments from the Covered Period; OR
    2. Lessor account statements from February 2020 and from the Covered Period through one month after the end of the Covered Period verifying eligible payments.
  • Business utility payments:
    1. Copy of invoices from February 2020 and those paid during the Covered Period and receipts, cancelled checks, or account statements verifying those eligible payments.

Although forgiveness applications have been released, the SBA has not provided a process to submit them. So, while we can review an application, we can’t proceed with processing it until the SBA provides further guidance.

Original Application – Available To All Borrowers

Instructions

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