PPP January 2021 Update

Qualifying small businesses can now apply for Paycheck Protection Program (PPP) loans through certain lenders. The Small Business Administration (SBA) reopened its PPP portal on January 11, 2021 after Congress passed and the President signed legislation in December 2020, authorizing the continuation of the program and an additional $284 billion in funds.

The program allows for two types of applications:

• First Draw Loans to qualifying entities that did not receive a PPP loan in 2020, and
• Second Draw Loans for previous PPP loan recipients and with a narrower set of qualifications. 

First Draw PPP Loans for First-Time Borrowers

Borrowers that qualify for first-draw PPP loans can apply for up to 2.5 times their average monthly payroll costs (with caps), for a maximum loan amount of $10 million. Generally speaking, the applicants must have been in operation on February 15, 2020 and be among the following types of businesses:

• Businesses with 500 or fewer employees that are eligible for other SBA 7(a) loans
• Sole proprietors, some self-employed individuals, and independent contractors
• Nonprofits, including churches
• Sec. 501(c)(6) businesses
• Food or lodging operations with NAICS codes that start with 72 and with fewer than 500 employees per location
• Certain news operations with qualifying NAICS codes in the 51 range

A number of entities are specifically prohibited from receiving loans.

The SBA application for First Draw Loans is here:
https://www.sba.gov/document/sba-form-2483-ppp-first-draw-borrower-application-form

The applicant must attest to the necessity of the loan, among several other declarations.

Second Draw PPP Loans for Borrowers That Received a PPP Loan in 2020

Borrowers that qualify for a second-draw PPP loan can apply for up to 2.5* times their average monthly payroll costs (with caps), for a maximum loan amount of $2 million. Generally speaking, the applicants must qualify as follows:

• Employ no more than 300 employees
• Have spent all of their first PPP loan on eligible expenses
• Do not have to apply for forgiveness for the first loan ahead of receiving the second loan
• Can show a 25 percent drop in gross receipts in any one 2020 calendar quarter from 2019. If it’s easier to show a 25 percent drop for the entire 2020 year compared to 2019, applicants can submit their tax returns as proof.

*Companies with NAICS code 72, which generally speaking are food and lodging operations, can borrow up to 3.5 times their average monthly payroll costs (with caps).

The SBA application for Second Draw Loans is here:
https://www.sba.gov/document/sba-form-2483-sd-ppp-second-draw-borrower-application-form

The applicant must attest to the necessity of the loan, among multiple other certifications and declarations.

Loan Forgiveness

PPP loan recipients can apply to have PPP loans forgiven if the funds are used within a specified covered period from 8 to 24 weeks on the following eligible costs: payroll (60 percent of funds), rent, covered worker protection and facility modification expenditures, covered property damage costs, certain supplier costs, accounting (!) expenses, and a handful of other qualifying expenses.

Timing

The SBA portal opened Monday, January 11, 2021 for first-draw loans by lenders (about 10 percent) that cater to underserved communities. These include Community Development Financial Institutions (CDFIs), Minority Depository Institutions (MDIs), Certified Development Companies (CDCs) and Microloan Intermediaries.

On Wednesday, January 13, 2021, the SBA application portal began accepting applications for Second Draw loans. A few days later, additional lenders will be added to the portals.      

SBA says it “plans to dedicate specific times to process and assist the smallest PPP lenders with loan applications from eligible small businesses.”

What to Do Next

Here are some suggested steps to get ready for this next round of PPP funds.

1. Determine which lender you want to use to apply for PPP funds.
2. Visit your lender website to see if they have a PPP notification signup so you can get notified of updates.
3. Collect the documents you need for the application.
   a. Payroll summary reports
   b. Profit and loss statements
   c. Tax returns
4. Begin calculating the amounts you’ll need for the application:
   a. Gross receipts by quarter for 2020 and 2019
   b. Average monthly payroll costs, including cap limits for wages over $100,000, for the year you want to use (2020, 2019, or the year from the application date)
5. Contact us if you need help with documentation or calculation or other advice.
6. Contact us for advice about tax ramifications.
7. Contact your attorney to evaluate the loan agreement. 

Further PPP Resources

Updated PPP Lender forms, guidance, and resources are available at www.sba.gov/ppp.

CARES Act Treasury page: https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses

Jan 6, 2021 SBA PPP Interim Final Rule – 82 pages
https://home.treasury.gov/system/files/136/PPP-IFR-Paycheck-Protection-Program-as-Amended-by-Economic-Aid-Act.pdf

Jan 6, 2021 SBA PPP Second Draw Interim Final Rule – 42 pages
https://home.treasury.gov/system/files/136/PPP-IFR-Second-Draw-Loans.pdf