SBA Improving Paycheck Protection Program Processes
The U.S. Small Business Administration is taking steps to improve the First Draw Paycheck Protection Program loan review so small businesses have as much time as possible to access much needed PPP funds.
The Biden-Harris Administration is focused on ensuring small businesses receive the support they need to keep their doors open and continue to employ millions of Americans across the country. The Administration is working with the Agency to identify immediate solutions to address eligibility, compliance, integrity, and promote transparency.
While reviewing the initial draw of PPP loans, anomalies – mostly data mismatches and eligibility concerns – were identified in approximately 4.7% of the lender-submitted data. These concerns will require follow-up between the lender and the borrower so borrowers can access a second round of loans.
"The SBA is committed to working with lenders and eligible borrowers to provide the necessary information for follow-up and help get small businesses back on track so that they’re able to receive another round of PPP loans swiftly," said SBA Utah District Director Marla Trollan.
The SBA encourages borrowers and lenders to work together as quickly as possible to resolve the issues. The SBA will automatically move favorable decisions to approval. During the newest round of PPP, the SBA has already approved over 400,000 loans for approximately $35 billion.
“Prior to this newest PPP round, the SBA supported 5.2 million PPP loan borrowers, providing more than $525 billion in economic relief to small businesses and other eligible entities. The Agency is committed to making sure compliance checks are executed on the front-end. The SBA is also committed to addressing issues more efficiently moving forward, to ensure fair and equitable access to small businesses in every community,” said SBA Acting Administrator Tami Perriello.
The SBA is immediately addressing the PPP loan review to allow for Second Draw PPP loan applications to be processed in an efficient manner by:
- Hosting a national call to brief lenders on the Platform’s additional detailed information that will assist in the resolution of First Draw PPP loan review and potential holds that impact Second Draw PPP loan application approvals
- Equipping the Agency’s field team of lender relations specialists with information so they can provide support to lenders and borrowers in understanding the issues and facilitating the appropriate responses to resolve
- Providing additional guidance to PPP lenders on the review and resolution process
Through SBA’s 68 district offices, the Agency will work in close partnership with the Administration to further leverage its resource partner network and expand on multilingual access and outreach about the PPP. Updated PPP information, including forms, guidance, and resources is at www.sba.gov/ppp and www.treasury.gov/cares.
Paycheck Protection Program Update
-- Dear Lenders --
SBA has been receiving a significant number of questions from lenders regarding the revised rules on First Draw PPP loans, First Draw Loan Increases, Second Draw PPP loans, and streamlined Forgiveness. SBA wants to assure all participants and their small business customers that we understand there are many changes that businesses have undergone since the beginning of the pandemic in order to maintain operations and continue employing America’s workers.
These changes may include entity size, location or staffing, methods of operation, organizational structure, and changes in ownership. SBA is working with national lender trade associations and stakeholder groups along with lenders to identify these potential program and system updates. Your partnership, commitment, input and patience greatly assist in this effort.
SBA is providing this information along with recently released additional PPP guidance and resources. To assist lenders in how to best access PPP as amended by the Economic Aid Act, here are a couple of reminders related to existing program guidance:
Reminder – First Draw PPP Loans Under Review May Be Delayed Getting Second Draw PPP Loan number
***As described in SBA’s interim final rule on SBA Loan Review Procedures and Related Borrower and Lender Responsibilities, SBA may review any PPP loan, of any size, at any time, as the Administrator deems appropriate. If a borrower’s First Draw PPP Loan is under review by SBA for any reason, including if information in SBA’s possession indicates that the borrower may have been ineligible for the First Draw PPP Loan it received or for the loan amount it received, the lender will receive notification from SBA when the lender submits an application for a guaranty of a Second Draw PPP Loan, and will not receive an SBA loan number until the issue related to the unresolved borrower’s First Draw PPP Loan is resolved. SBA is working to improve the information provided to lenders about the issues and how lenders can help clear issues as quickly as possible.
Reminder - Second Draw loan applications require an SBA loan number used for the First Draw PPP loan that was originated in 2020. Please verify that the applicant has the correct SBA loan number, and the correct Borrower TINto assure that the portal can match up the two loans.
Recent Guidance Issued:
For more information and updates, visit SBA.gov/PPP or Treasury.gov
For continued updates business owners and nonprofit organizations should subscribe to the SBA Utah District Office newsletter at www.sba.gov/offices/district/ut/salt-lake-city and follow on Twitter @SBA_Utah as information will be updated as it changes.
You may contact the Utah District Office at (801) 524-3209 or by email at utahgeneral@sba.gov. You may also contact the Rapid Response Team at coronavirus.utah.gov or by phone at 1 (800) 456-7707.
SBA Proposes Rule to Eliminate Regulations Excluding Faith-Based Organizations from Seven SBA Programs
Public Comments Due by February 18, 2021
The U.S. Small Business Administration invites public comment on a proposed rule designed to remove regulatory provisions that exclude certain faith-based organizations from seven business loan and disaster assistance programs. These programs include the Intermediary Lending Program (ILP), Business Loan programs (7(a), Microloan and 504 programs), Economic Injury Disaster Loan (EIDL) program, Military Reservist Economic Injury Disaster Loan (MREIDL) program and Immediate Disaster Assistance Program (IDAP).
Because these provisions exclude otherwise eligible applicants based on their religious status, they violate their constitutionally guaranteed religious liberty rights. By eliminating the provisions, the proposed rule would ensure that SBA’s programs provide equal treatment for faith-based organizations, which the Constitution requires, and would correspond with the President’s Executive Order Promoting Free Speech and Religious Liberty.
“Today’s proposed rule would remove barriers to SBA loans and disaster assistance that current regulations unfairly impose on faith-based businesses and organizations,” said SBA Administrator Jovita Carranza. “America’s faith-based small businesses and organizations play a vital role in providing employment opportunities, products, and essential educational, training and youth social services that benefit both our local communities and the overall national economy. Today’s proposed rule would ensure that these businesses and organizations are not forced to choose between their faith and the SBA financial assistance that they need to continue serving the public and employing our neighbors.”
Public comments on this proposed rule can be submitted on or before February 18, 2021 at www.regulations.gov, using the following RIN number: RIN 3245-AH60. The public may also comment by mail to Valerie Mills, Executive Operations Officer, Office of General Counsel, U.S. Small Business Administration, 409 Third Street, SW, Washington, DC 20416.
SBA will post all comments on https://www.regulations.gov.
For more information about SBA’s assistance to faith-based communities, click here.
Paycheck Protection Program Loan Forgiveness
Paycheck Protection Program (PPP) borrowers may be eligible for loan forgiveness if the funds were used for eligible payroll costs, payments on business mortgage interest payments, rent, or utilities during either the 8- or 24-week period after disbursement. A borrower can apply for forgiveness once it has used all loan proceeds for which the borrower is requesting forgiveness.
Borrowers can apply for forgiveness any time up to the maturity date of the loan. If borrowers do not apply for forgiveness within 10 months after the last day of the covered period, then PPP loan payments are no longer deferred and borrowers will begin making loan payments to their PPP lender.
Background
The Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act signed into law on December 27, 2020 includes $15 billion in grants to operators of shuttered venues, to be administered by the Small Business Administration’s Office of Disaster Assistance. Of this amount, at least $2 billion is reserved for applicants with up to 50 full-time employees. Grants of up to $10M will be disbursed to eligible applicants in accordance with applicable Uniform Guidance (2 CFR 200) requirements. This guidance explains the rules associated with the use Federal grant funds.
Eligible Entities
- Live venue operators or promoters • Theatrical producers • Live performing arts organization operators • Relevant museum operators, zoos and aquariums who meet specific criteria • Motion picture theater operators • Talent representatives, and • Each business entity owned by an eligible entity that also meets the eligibility requirements
- Other requirements of note: Must have been in operation as of Feb. 29, 2020
 Additional PPP Guidance and Forms
The following information is located on www.sba.gov/ppp :
The PPP is intended to provide economic relief to small businesses nationwide adversely impacted by the Coronavirus Disease 2019 (COVID-19). Subsequently, SBA published 23 interim final rules providing additional guidance on the PPP (some of which were jointly issued with the Department of the Treasury) and Treasury published one interim final rule.
The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Economic Aid Act) (Pub. L. 116-260) became law Dec. 27, 2021. The Economic Aid Act extends the authority to make PPP loans through March 31, 2021 and revises certain PPP requirements.
For ease of borrower and lender reference, this interim final rule also consolidates the interim final rules (and important guidance) issued to date governing borrower eligibility, lender eligibility, and PPP application and origination requirements for new PPP loans, as well as provides general rules relating to loan increases and loan forgiveness.
Please access the following links for policy guidance on the new round of PPP loans as authorized by the recently passed stimulus bill.
Updated First Draw Forms
Second Draw Forms
Guidance & Resources
SBA Procedural Notice 5000-20074 - Modifications to SBA Forms 3506, 3507, and 750 CA (for purposes of PPP only)
SBA Procedural Notice 5000-20075 - Repeal of EIDL Advance Deduction Requirement for SBA Loan Forgiveness Remittances to PPP Lenders
Reminder:
Per the Economic Aid Act, a Community Financial Institution (CFI) is one of the four types of lenders.
- Community Financial Development Institution (CDFI)
- Minority Depository Institution (MDI)
- Community Development Corporation (CDC)
- Microlender Intermediary
Correction:
Eligibility has been expanded to include 501(c)(6)s, housing cooperatives, destinationmarketing organizations, among other types of organizations; not direct marketing organizations as previously stated.
Further information and background is contained lower in this newsletter.
For continued updates business owners and nonprofit organizations should subscribe to the SBA Utah District Office newsletter at www.sba.gov/offices/district/ut/salt-lake-city and follow on Twitter @SBA_Utah as information will be updated as it changes.
You may contact the Utah District Office at (801) 524-3209 or by email at utahgeneral@sba.gov. You may also contact the Rapid Response Team at coronavirus.utah.gov or by phone at 1 (800) 456-7707. |
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Eligible Paycheck Protection Program expenses now deductible
The Treasury Department and the Internal Revenue Service issued guidance today allowing deductions for the payments of eligible expenses when such payments would result (or be expected to result) in the forgiveness of a loan (covered loan) under the Paycheck Protection Program (PPP).
Today’s guidance, Revenue Ruling 2021-02, reflects changes to law contained in the COVID-related Tax Relief Act of 2020, enacted as part of the Consolidated Appropriations Act, 2021 (Act), Public Law 116-260, which was signed into law on Dec. 27, 2020.
The COVID-related Tax Relief Act of 2020 amended the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to say that no deduction is denied, no tax attribute is reduced, and no basis increase is denied by reason of the exclusion from gross income of the forgiveness of an eligible recipient’s covered loan. This change applies for taxable years ending after March 27, 2020.
Revenue Ruling 2021-02 obsoletes Notice 2020-32 and Revenue Ruling 2020-27. This obsoleted guidance disallowed deductions for the payment of eligible expenses when the payments resulted (or could be expected to result) in forgiveness of a covered loan.
For more information about this, the COVID-related Tax Relief Act of 2020, and other tax changes, visit IRS.gov.
SBA Disaster Loans
SBA offers Economic Injury Disaster Loans to small businesses, small agricultural cooperatives, small businesses engaged in aquaculture and most private nonprofit organizations of any size to help meet working capital needs caused by the disaster. Economic injury assistance is available regardless of whether the business suffered any property damage. The deadline to apply for an SBA economic injury disaster loan is July 27, 2021.
Disaster loans up to $200,000 are available to homeowners to repair or replace damaged or destroyed real estate. Homeowners and renters are eligible for up to $40,000 to repair or replace damaged or destroyed personal property.
Interest rates can be as low as 3 percent for businesses, 2.75 percent for private nonprofit organizations and 1.188 percent for homeowners and renters with terms up to 30 years. Loan amounts and terms are set by SBA and are based on each applicant’s financial condition.
Applicants may apply online, receive additional disaster assistance information and download applications at https://disasterloanassistance.sba.gov/. Applicants may also call SBA’s Customer Service Center at (800) 659-2955 or email disastercustomerservice@sba.gov for more information on SBA disaster assistance. Individuals who are deaf or hard‑of‑hearing may call (800) 877-8339. Completed applications should be mailed to U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. |
Training and Events
Virtual Mentoring and Training
Offices around the country may be closed to the Coronavirus pandemic, but SCORE, Small Business Development Centers, Women’s Business Centers, and Veterans Business Outreach Centers and other resource partners are providing free business mentoring and training by phone, email, and video.
 We're Hiring, Join Our Team
The SBA is hiring temporary employees to assist with disaster relief efforts during these unprecedented times. The positions include:
- Call Center Customer Service Representative
- Document Preparation/Legal Review/Loan Closings
- Loan Processing/Credit Analysis/Mortgage Underwriting
- Program Support
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 Financing Your Business
Free online courses from the SBA Learning Center
Assess your financing needs and discover financing options for your business.
There are many other courses available at the site as well.
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UTAH SBA DIRECTORY
Marla Trollan, District Director
marla.trollan@sba.gov, (o) 801-524-3209 (c) 385-218-1995
John Gygi, Deputy District Director
john.gygi@sba.gov, (o) 801-524-3209 (c) 801-889-6170
Karl Wernick, Lender Relations Specialist
karl.wernick@sba.gov, (o) 801-524-3209 (c) 385-355-5815
Don MacMillan, Lender Relations Specialist
donald.macmillan@sba.gov, (o) 801-524-3209 (c) 385-429-8627
Melinda Workman, Economic Development Specialist
melinda.workman@sba.gov, (o) 801-524-3209 (c) 385-266-1853
Rachel Bennett, Economic Development Specialist
rachel.bennett@sba.gov, (o) 801-524-3209 (c) 385-355-5677
Cody Neville, Business Opportunity Specialist
cody.neville@sba.gov, (o) 801-524-3209 (c) 801-828-0796
Siobhan Carlile, Public Affairs Specialist
siobhan.carlile@sba.gov, (o) 801-524-3209 (c) 706-267-1145
George Janes, Outreach and Marketing Specialist, Office of Disaster Assistance
george.janes@sba.gov, (o) 801-524-3209 (c) 202-941-8106
Charla Allred, Program Support Assistant, Office of Disaster Assistance
charla.allread@sba.gov, (o) 801-524-3209 (c) 202-941-8106
Cheryl Richens, Administrative Officer
cheryl.richens@sba.gov, (o) 801-524-3209
Sharlene Miller, Paralegal
sharlene.miller@sba.gov, (o) 801-524-3209 |
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