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Simpler PPP Loan Forgiveness for Loans of $50,000 or Less Now Available

October 12, 2020

By Robert J. Waine, Esquire

On October 8, 2020, the U.S. Department of Treasury and the SBA announced a simpler application for forgiveness of PPP loans of $50,000 or less. This action streamlines the PPP loan forgiveness process to provide financial and administrative relief to America’s smallest businesses while also ensuring sound stewardship of taxpayer dollars. The SBA and Treasury say the updated form will also ease the burden on lenders.

Simpler PPP Loan Forgiveness Application will have the business owner, certify the following:

  1. The dollar amount for which forgiveness is requested does not exceed the principal amount of the PPP loan and:
    • was used to pay costs that are eligible for forgiveness (payroll costs to retain employees; business mortgage interest payments; business rent or lease payments; or business utility payments);
    • includes payroll costs equal to at least 60% of the forgiveness amount;
    • if a 24-week Covered Period applies, does not exceed 2.5 months’ worth of 2019 compensation for any owner employee or self-employed individual/general partner, capped at $20,833 per individual; and
    • if the Borrower has elected an 8-week Covered Period, does not exceed 8 weeks’ worth of 2019 compensation for any owner-employee or self-employed individual/general partner, capped at $15,385 per individual.
  2. The Borrower understands that if the funds were knowingly used for unauthorized purposes, the federal government may pursue recovery of loan amounts and/or civil or criminal fraud charges.
  3. The Borrower has accurately verified the payments for the eligible payroll and non-payroll costs for which the Borrower is requesting forgiveness, and has accurately calculated the forgiveness amount requested.
  4. The Borrower has submitted to the Lender the required documentation verifying payroll costs, the existence of obligations and service (as applicable) prior to February 15, 2020, and eligible business mortgage interest payments, business rent or lease payments, and business utility payments.
  5. The information provided in this application and the information provided in all supporting documents and forms is true and correct in all material respects. The Borrower understands that knowingly making a false statement to obtain forgiveness of an SBA guaranteed loan is punishable under the law, including 18 USC 1001 and 3571 by imprisonment of not more than five years and/or a fine of up to $250,000; under 15 USC 645 by imprisonment of not more than two years and/or a fine of not more than $5,000; and, if submitted to a Federally insured institution, under 18 USC 1014 by imprisonment of not more than thirty years and/or a fine of not more than $1,000,000.
  6. The tax documents the Borrower has submitted to the Lender are consistent with those the Borrower has submitted/will submit to the IRS and/or state tax or workforce agency. The Borrower also understands, acknowledges and agrees that the Lender can share the tax information with SBA’s authorized representatives, including authorized representatives of the SBA Office of Inspector General, for the purpose of ensuring compliance with PPP requirements and all SBA reviews.
  7. The Borrower acknowledges and agrees that SBA may request additional information for the purposes of evaluating the Borrower’s eligibility for the PPP loan and for loan forgiveness, and that the Borrower’s failure to provide information requested by SBA may result in a determination that the Borrower was ineligible for the PPP loan or a denial of the Borrower’s loan forgiveness application.

The simplified application does not alter the documentation the PPP borrower must submit to the PPP lender when seeking loan forgiveness.  The new form 3508S is available here. If you have difficulties with your PPP Loan, contact us online or call (412) 338-1169.

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