On June 10, 2020, the Small Business Administration (SBA) issued an updated interim final rule for the Paycheck Protection Program (PPP) in response to the PPP Flexibility Act passed on June 5, 2020. The updated guidance accounts for revisions made to the covered period, usage of funds changes, extended safe harbors, and more.

Here is a quick rundown of the changes made by the PPP Flexibility Act.

Also of note:

• *Borrowers may elect to stick with the 8-week covered period for loans originating prior to June 5, 2020. However, it is not clear if the June 30, 2020, safe harbor deadline still applies.
• The amount of any Economic Injury Disaster Loan (EIDL) refinanced will be factored in when determining the percentage of proceeds for payroll costs.
• It is unclear whether compensation limits formerly prorated based on 8 weeks now prorated based on 24 weeks.
• It is unclear if the covered period may end prior to 24 weeks if funds have been used.

Further guidance and instructions are anticipated, especially as they relate to the PPP Loan Forgiveness Application. The HT2 COVID-19 Task Force is hard at work deciphering new regulations as they are published! Stay tuned for updates and contact us for assistance with your loan forgiveness application.

Helpful Links:

• Paycheck Protection Program (PPP) – Revisions to First Interim Final Rule
• Paycheck Protection Program Flexibility Act (H.R. 7010)
• PPP Loan Forgiveness Application