PPP Flexibility Act

PPP Flexibility Act

Change made to PPP

This bill modifies provisions related to the forgiveness of loans made to small businesses under the Paycheck Protection Program implemented in response to COVID-19 (i.e., coronavirus disease 2019).

Under this new legislation:

  • The Paycheck Protection Program Flexibility Act extends the period in which the funds must be spent from 8 weeks to 24 weeks (or December 31,2020, whichever comes first)
  • Congress has reduced the payroll cost rule from 75% to 60%
  • SBA has clarified that the maturity of all PPP loans approved on or after June 5, 2020 will be five years. This five-year period can be extended to approvals before June 5 if the lender and borrower mutually agree to a five-year maturity
  • Businesses now have until December 31, 2020, to rehire workers in order for their salaries to count towards forgiveness
  • Loan forgiveness will not be reduced if there’s a reduction in headcount if borrowers can demonstrate that they were unable to rehire former employees/individuals of similar skills or they cannot resume normal business activity levels because of compliance with safety requirements
  • The PPP Flexibility Act extends the deferral period to the “date on which the amount of forgiveness determined under Section 1106 of the CARES Act is remitted by the lender”.
  • PPP borrowers that fail to apply for forgiveness within 10 months after the last day of the 24-week forgiveness period must begin making principal and interest payments