Bank recognizes the complexities of the Paycheck Protection Program and wants to support our PPP borrowers by providing timely and accurate information. Even though round 2 of PPP is still in progress, we want to provide you important information pertaining to the potential forgiveness of your PPP loan. The SBA has not yet released all of the details, nor has the SBA distributed any approved worksheet, and we are weeks away from borrowers having the ability to submit a loan forgiveness request, but we want to make sure you are aware of what is currently known about the forgiveness process.
We encourage you to review the information found on the SBA website (www.sba.gov), including the FAQ section (https://www.sba.gov/document/support--faq-lenders-borrowers), as well as consult with your tax advisor and attorney.
We show below some pertinent sections from the Interim Final Rule (IFR) and SBA FAQ and urge you to understand what is presented in them so you can prepare now for those circumstances as it may apply to your own loan forgiveness situation.
As a reminder, the amount of loan forgiveness can be up to the full principal amount of the loan and any accrued interest. The actual amount of loan forgiveness will depend, in part, on the total amount of payroll costs, payments of interest on mortgage obligations, rent payments and utility payments under service agreements dated before February 15, 2020, over the eight-week period which begins on the date you received the first disbursement of your PPP loan.
The amount of loan forgiveness can be up to the full principal amount of the loan and any accrued interest. That is, the borrower will not be responsible for any loan payment if the borrower uses all of the loan proceeds for forgivable purposes described below and employee and compensation levels are maintained. The actual amount of loan forgiveness will depend, in part, on the total amount of payroll costs, payments of interest on mortgage obligations incurred before February 15, 2020, rent payments on leases dated before February 15, 2020, and utility payments under service agreements dated before February 15, 2020, over the eight-week period following the date of the loan.
However, not more than 25 percent of the loan forgiveness amount may be attributable to non-payroll costs. While the Act provides that borrowers are eligible for forgiveness in an amount equal to the sum of payroll costs and any payments of mortgage interest, rent, and utilities, the Administrator has determined that the non-payroll portion of the forgivable loan amount should be limited to effectuate the core purpose of the statute and ensure finite program resources are devoted primarily to payroll.
The Administrator has determined in consultation with the Secretary that 75 percent is an appropriate percentage in light of the Act's overarching focus on keeping workers paid and employed. Further, the Administrator and the Secretary believe that applying this threshold to loan forgiveness is consistent with the structure of the Act, which provides a loan amount 75 percent of which is equivalent to eight weeks of payroll (8 weeks / 2.5 months = 56 days / 76 days = 74 percent rounded up to 75 percent). 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.