UPDATED 07/21/2023
In a crucial update for practices in the process of reopening, the CARES Act’s Paycheck Protection Program (PPP) has introduced some highly needed flexibility. The alterations provide more time for rehiring employees and increased freedom in spending loan proceeds.
Designed to help businesses weather COVID-19 and keep employees on the payroll, the federal program initially gave businesses only until June 30 to rehire employees laid off or reinstate employees furloughed between February 15 and April 26. But since many businesses remain in the early stages of reopening, or have not reopened at all, that created problems. The rehiring deadline has now been extended until December 31.
The Paycheck Protection Program Flexibility Act (PPPFA), passed almost unanimously by the House and Senate and signed by the President on June 5, also gives PPP borrowers additional time to spend loan proceeds if they are seeking forgiveness. Businesses originally had only two months after receipt to spend the loan proceeds. Borrowers now can have the loans forgiven if proceeds are spent within six months after the loan’s origination, or by December 31, 2020, whichever comes first.
In another key provision of the PPPFA, the proportion of loan proceeds required to be spent on payroll costs has been reduced. Initially, in order for the loan to be forgivable in full, businesses had to spend 75 percent of the loan proceeds on payroll costs, which include:
- Salary, wages, commissions
- Employee benefits (including vacation, parental, family, medical, or sick leave)
- Allowance for separation or dismissal
- Payments for group healthcare benefits (including insurance premiums and retirement benefits) and
- State and local taxes assessed on compensation
The PPPFA reduces the proportion that must be spent on payroll costs to 60 percent. The loosening of restrictions means that practices can now spend up to 40% of loan proceeds on other allowable business costs, including most mortgage interest, rent, and utility costs, and have the loan forgiven.
Although practices now have more time to spend loan proceeds, and more flexibility on rehiring and how to spend loans, the PPPFA did not extend the deadline for submitting loan applications to the Small Business Administration. The SBA, which administers the PPP, will not accept applications after June 30.
Under the PPPFA, businesses currently applying for loans have five years to repay any portions of the loans that are not forgiven. Companies that have already used must repay the non-forgivable amount of their loans within two years. The PPPFA also includes provisions allowing businesses receiving loan forgiveness to defer payroll taxes.
The PPP in early April earmarked $350 billion in loans to help employees stay on the payroll. With high demand for the first-come, first-serve program, the funds were exhausted within two weeks and another $310 billion was allocated in late April. For more details on the program, visit https://www.sba.gov/.
If you are a current HR for Health client and have additional questions, please reach out to our team by calling 877-779-4747. Please keep in mind that due to an influx in questions related to the COVID-19 outbreak, our response time may be slower than usual, but we will get back to you as soon as we can!
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HR for Health is one of the nation’s leading Human Resources Management Systems (HRMS) used by small to mid-sized practices. HR for Health has provided the following complimentary articles to ensure you have a game plan when addressing complex HR matters.
Quick note: This is not to be taken as legal or HR advice. Since employment laws change over time and can vary by location and industry, consult a lawyer or HR expert for specific guidance.
