The Paycheck Protection Program Flexibility Act of 2020 was signed into law on June 5, 2020.
The act instituted amends several requirements of the PPP loans including the following:
Extends the “covered period” under which small businesses can spend the loan proceeds from eight weeks to the earlier of 24 weeks, or until Dec. 31.
Removes the limits on loan forgiveness for small businesses that were unable to rehire employees, hire new employees or return to the same level of business activity as before the virus.
Expands the 25% cap to use PPP funds on nonpayroll expenses, such as rent, mortgage interest and utilities, to 40% of the total loan. That lowers the 75% requirement for payroll expenses to 60% to get maximum forgiveness.
Extends the loan terms for any unforgiven portions that need to be repaid from two years to five years, at 1% interest.
Give small businesses more time to rehire employees or to obtain forgiveness for the loan if social-distancing guidelines and health-related actions from the Centers for Disease Control and Prevention or other agencies prevented the business from operating at the same capacity as it had before March 1.
Extends the period for when a business can apply for loan forgiveness, from within six months to within 10 months of the last day of the covered period, before it must start making interest and principal payments. Under the new bill, PPP loan interest and payment of principal and fees will be deferred until the loan is forgiven by the lender.
Extends the Safe Harbor for restoration of headcount and wages from June 30, 2020 to December 31, 2020
Allows small businesses to take a PPP loan and also qualify for a separate, recently enacted tax credit to defer payroll taxes, previously prohibited to prevent “double dipping.”