By Amy E. Ebeling, Mary Ellen Schill and Benjamin E. Streckert
June 4, 2020
Both the House and the Senate have now passed HR 7010 providing PPP borrowers more favorable terms. We first alerted you on May 27th of possible changes to PPP being considered by both the House and the Senate. Last night in a second vote (the first vote failed), the Senate passed the House Bill 7010, which provides the following new and improved terms:
- The bill extends the PPP covered period from eight weeks to the date that is the later of 24 weeks after loan origination or December 31, 2020. Borrowers may also elect to stick with the eight week covered period. There may be reasons you should select the eight week period over the 24 week period.
- Borrowers now have until December 31, 2020 to restore FTE headcount or demonstrate an inability to either hire similarly qualified employees by December 31, or an inability to return to the same level of business activity as the business was operating prior to February 15, 2020 due to compliance with applicable guidance relating to COVID‑19 (e.g. social distancing requirements).
- Borrowers will also only be required to use 60% of the PPP funds for payroll costs (prior law required 75% threshold) allowing 40% to be used for qualified non-payroll expenses. Because of the way HR 7010 is worded, questions have been raised as to whether failure to use at least 60% for payroll costs will result in no forgiveness at all. Senators have asked for clarification on that from SBA and Treasury.
- The bill would also extend the minimum maturity of the loan to five years.
- PPP borrowers are now eligible for the delay of payment of employer payroll taxes which was found in the original CARES Act.
- Finally, the deferral period for repayment of any PPP funds including principal, interest, and fees is delayed until the date on which the amount of forgiveness is determined so long as borrowers apply for forgiveness within 10 months after the last day of the covered period.
These changes apply to all PPP loans regardless of when the PPP loan application was submitted and when loan proceeds were received.
Ruder Ware has been advising PPP borrowers and potential borrowers on all things PPP. If you need assistance understanding how these new changes may impact your PPP loan and forgiveness application, our team is here for you.
The content in the following blog posts is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these blog posts may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these blog posts without discussing your specific situation with legal counsel.
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