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CARES Act FAQ: PPP Loan Forgiveness

can you hire new employees with ppp

The borrower seeking forgiveness would list $1,200 as the salary/hourly wage reduction for that employee (the extra $50 weekly reduction × by 24 weeks). Business with employees – Begin with the calculation above for businesses without employees and add in employee can you hire new employees with ppp payroll costs based upon 2019 amounts. Employee payroll costs include 2019 gross wages limited to an annualized $100,000, employer-paid health insurance premiums, employer-paid retirement contributions, and employer-paid state & local unemployment insurance taxes.

Payroll costs, which include cash compensation payroll costs and non-cash compensation payroll costs. First, the amount forgiven cannot be more than the original loan. Also, at least 75% of the amount a business seeks to have forgiven must be spent on payroll costs.

Who’s Eligible?

In addition, 501, 501, and 501 nonprofit organizations are eligible to receive a PPP loan if they employ no more than 500 employees per physical location. This will allow some 501 organizations that didn’t meet the original 500-employee requirement to apply for PPP funding under this newly updated eligibility criteria.

Besides enticing employees to come back, increasing employee wages and/or benefits can help you meet the requirement to spend 75% of your PPP on payroll, especially if one or more employees will not return to work. I have been using my personal/vacation time to compensate the loss. Made us pay for our insurance from the money they paid us out of their ppp loan. Had to give money back to them to pay for our insurance.

Paycheck Protection Program

These rules do not apply to borrowers of loans of $50,000 or less that use Form 3508S (or lender’s equivalent form) to apply for loan forgiveness. A borrower may receive forgiveness for the expenses discussed at Additional Covered Expenses only if the SBA had not remitted a forgiveness payment on the borrower’s loan to the borrower’s PPP lender as of December 27, 2020. The sum of all eligible non-payroll costs cannot exceed 40% of the total amount eligible for forgiveness.

You can rehire any staff that were laid off or put on furlough and reinstate any pay that was decreased by more than 25% to meet the requirements for forgiveness. This situation isn’t specifically covered by the official U.S. However, it does seem to go against the spirit of the program, which involves keeping headcount and salary levels at the same pre-COVID levels. You would be safer leaving all compensation the way it was before. Note that if you’re having a hard time getting your former employees back to work, you’re not required to bring on new employees just to meet your headcount numbers—the SBA has provided some leniency in that case. The SBA also requires you to report the rejection of rehire to your state’s labor or unemployment office within 30 days of the rejection. Lenders must obtain SBA consent before approving certain changes in ownership of PPP borrowers.

Eligibility Costs

The program originally had just $350 billion allocated, but another $320 billion was added by Congress in April in order to help more businesses. Congress extended the PPP application deadline once more to August and then closed applications for the rest of 2020. At Jackson Spencer, we focus specifically on employees’ rights.

  • Lenders are required to render decisions on loan forgiveness applications within 60 days after submission.
  • Yes, the PPP funds are meant to encourage you, the employer, to rehire any staff that you may have had to lay off due to the initial impacts of COVID-19.
  • SBA’s most recent guidance contains valuable insight into the PPP loan program and clarifies a few important questions.
  • On November 1, 2020, X Co. files its application for forgiveness with its lender.
  • The SBA will, subject to any SBA review of the loan or loan application, remit the appropriate forgiveness amount to the lender, plus any interest accrued through the date of payment, not later than 90 days after the lender issues its decision to the SBA.
  • Please check this website frequently to ensure you have the most up-to-date guidelines as issued by the SBA on allowable uses of PPP loan proceeds and loan forgiveness.

Likewise, forgivable retirement benefit costs include employer contributions to employee retirement plans that are paid or incurred by the borrower during the covered period . The employer contributions for retirement benefits included in the loan forgiveness amount as payroll costs cannot include any retirement contributions deducted from employees’ pay or otherwise paid by employees. Forgiveness is not provided for employer contributions for retirement benefits accelerated from periods outside the covered period. Forgivable health care benefit costs include employer contributions to a self-insured, employer-sponsored group health plan, but exclude any pre-tax or after-tax contributions by employees 41 or plan beneficiaries, such as the employee share of their health care premium. Forgiveness is not provided for expenses for group health benefits accelerated from periods outside the covered period. If a borrower has an insured group health plan, insurance premiums paid or incurred during the covered period qualify as payroll costs as long as the premiums are paid during the applicable period or by the next premium due date after the end of the applicable period.

PPP Rules on Rehiring Employees (FAQ)

It is not my understanding that PPP is meant to be an advance against future wages. I would recommend you either talk with an employment attorney or your state or the U.S.

can you hire new employees with ppp

Your PPP loan lender will contact you with future details on how to submit your loan forgiveness application. If the amount of your employee’s pay doesn’t reach 75% over the 24-week period, then the amount of your eligible forgiveness will be reduced proportionately. Paycheck Protection Program loans are back and better than ever. With extended coverage periods, higher lending amounts , longer loan terms, and reduced payroll requirements, forgiveness is even more achievable.

However, bonus pay is considered one part of total compensation, which cannot exceed an annualized rate of $100,000 (or $15,385 for an eight-week period, $46,154 for a 24-week period). In other words, if you were already paying your employee $100,000 per year, you can’t add a bonus on top of that and get it forgiven. If by December 31, you only hire back some but not all of your employees using PPP funds, you won’t be able to have your full PPP loan amount forgiven.