First, the lender will seek payment from the business for the outstanding balance of the loan. However, if the business cannot pay the full amount, the lender will foreclose on the collateral pledged by the business. Your business assets may not have much value. In that case, the lender will abandon the collateral.
For PPP loans issued after June 5, 2020, borrowers are given six months to spend the cash. They don't have to start repaying the loan until 10 months after the spending period ends. “Borrowers have a pretty lengthy grace period to apply for loan forgiveness,” Sheehy said.
In short, Paycheck Protection Program loan forgiveness is not automatic. You must submit a request to for loan forgiveness through the lender through which you applied for your PPP loan OR if your loan is for $150K or less and your lender has opted-in, through the SBA's new SBA PPP Direct Forgiveness Portal.
The loan doesn't have to be repaid to the extent it's used to cover the first 24 weeks (eight weeks for those who received their loans before June 5, 2020) of the business's payroll costs, rent, utilities and mortgage interest. However, at least 60% of the forgiven amount must be used for payroll.
Repay your loan at 1% over the next two to five years: If you took out your loan before the passage of the PPP Flexibility Act on June 5, 2020, you have two years to pay off your loan balance. If you took out your loan after that date, you'll have five years. PPP loans accrue 1% interest over that time period.
Wire Fraud: If you used a device, like telephone, internet, etc, to defraud an institution in order to gain funds from a PPP loan – you can be convicted of wire fraud. Penalties for wire fraud can include a prison sentence up to 20 years, and in addition – restitution to anyone impacted.
The SBA and the US Treasury have released a new forgiveness application for borrowers with Paycheck Protection Program (PPP) loans less than $50,000. In addition to simplifying the application, a borrower can receive forgiveness for their loan even if they have laid off employees since receiving their PPP loan.
Borrowers can apply for forgiveness any time up to the maturity date of the loan. If borrowers do not apply for forgiveness within 10 months after the last day of the covered period, then PPP loan payments are no longer deferred and borrowers will begin making loan payments to their PPP lender.
In order to be forgiven, at least 60% of the loan amount needs to be used for payroll purposes. If less than 60% of your loan is used for payroll, you can still be eligible for forgiveness, with the amount you spend correlating directly to forgiveness.
Unlike other SBA loans, PPP loans are designed to be partially or fully forgivable, meaning you won't have to pay them back as long as you follow certain rules. Here are a few key facts about the first round of PPP loans: Qualified businesses could receive 2.5 times their average monthly payroll costs up to $10 million.
The best part about PPP loans is that up to 100% of the funds can be forgiven. However, you're going to have to play by the SBA's rules: Forgivable expenses must be spent on eligible categories and adhere to the 60/40 rule.
All PPP loans have an interest rate of 1%, with loans issued prior to June 5 maturing after two years and loans issued after June 5 maturing after five years. Basically, PPP loans issued before June 5, 2020, must be paid back in two years, and loans issued after that must be paid back in five years.
WHAT HAPPENS IF YOU MISS THE APPLICATION DEADLINE. If you don't apply for loan forgiveness within 10 months after the last day of your covered period, you'll be required to start making payments to your PPP lender at 1 percent interest, which started accruing when the loan was made.
Depending on the size of the PPP loan, this can result in a $5,000,000 fine and up to 10 years in prison. 18 U.S.C. § 1343: Wire Fraud. This can result in fines and up to 20 years in prison.
Ultimately, you could face litigation from creditors and vendors if you close your doors, and depending upon the type of loan you received, you could face litigation from the lender if you are personally liable for the loan and are unable to obtain forgiveness or to repay it.
“When a PPP lender opts-in to the direct borrower forgiveness process, the Platform will provide a single secure location for all of its borrowers with loans of $150,000 or less to apply for loan forgiveness through the Platform using the electronic equivalent of SBA Form 3508S,” the SBA wrote in its interim final rule ...
Not all PPP loans will be audited. However, the SBA may opt to audit any loan — even smaller ones — after seeking loan forgiveness. Can a forgiven PPP loan be audited? Even if a loan is already forgiven, there is still a chance that the SBA will audit you.
Yes, it is — and yes, you absolutely want to include all of your payroll costs in the forgiveness application calculations! Some folks are in the situation whereby they have more payroll costs than 75% of the loan will cover. In fact, in some cases, the entire PPP loan — 100% — will be used on payroll costs.
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For each individual employee, the total amount of cash compensation eligible for forgiveness may not exceed $100,000, as prorated for the Covered Period. Count payroll costs that were both paid and incurred only once.
You must have your 10-digit loan number and a payment amount in order to pay it back. There is no prepayment penalty but it is possible a minimal amount of interest has accrued from the time the loan was disbursed. In addition, you'll have to pay back the UCC filing fee of $100 if one applies to your loan.
First Draw PPP Loan If You Have No Employees
(If you are using 2020 to calculate payroll costs and have not yet filed a 2020 return, fill it out and compute the value.) If this amount is over $100,000, reduce it to $100,000. If both your net profit and gross income are zero or less, you are not eligible for a PPP loan.
You can use the PPP funds to pay yourself through what's called owner compensation share or proprietor costs. This is to compensate you for a loss of business income. To take the full amount of owner compensation share, you will have to use a covered period of at least 11 weeks weeks.
The Paycheck Protection Program Flexibility Act made some significant changes to PPP loans. One of the most significant changes was the eight-week forgiveness period. You now have a choice: If your loan was issued on or before June 5, 2020, you can opt to take advantage of a 24- week period to spend the funds.