PPP Loan Forgiveness

We're Here to Help

877-538-3335
Monday - Friday:  8 AM - 5 PM, CT

We are here to provide our clients with the direct access, tools, and resources you need to participate in the Paycheck Protection Program and facilitate your forgiveness application.

We will use this page to share the most frequently asked questions we’re hearing from our clients about loan forgiveness, and we’ll continue to update it as more information becomes available from the U.S. Small Business Administration (SBA).

Hancock Whitney will be participating in a new round of PPP funding for eligible clients who would like to apply for a PPP loan for the first time, would like to apply for a second PPP loan, or would like to apply for an increase in their current PPP loan amount. We will continue to communicate updates to our clients and will notify clients when our online portal is available for these new loan applications.

For clients who currently have PPP loans, we have invited them directly by email to submit their PPP Forgiveness Application via our online portal. Please note, this invitation to apply was sent to the email associated with your PPP loan. If you have not received an invitation to apply for forgiveness, please contact us at 877-538-3335.

Information provided by the Bank, on this website and through other resources, should not be considered a substitute for legal or accounting advice. Borrowers are encouraged and should confirm legal and accounting advice through their consultants and through their own due diligence.*


Latest PPP Updates:

 

Understanding the Forgiveness Process

Watch our overview of the PPP Loan Forgiveness process

 

PPP Step 1

Application

To receive loan forgiveness, a borrower must complete and submit the Loan Forgiveness Application to the Bank. Here's a quick video to walk you through the application process.

Once you have met the criteria for forgiveness, you may submit a loan forgiveness application any time between the period starting eight weeks after the date of your loan and ending before the maturity date of your loan. You do not need to wait until the end of the 24 -week covered period to apply. As a reminder, you may select a covered period of eight to 24 weeks when applying for forgiveness.

 

PPP Step 2

60
Days

Decision Issued

Within 60 days from receipt of your complete application, we will review the application and issue a decision regarding loan forgiveness to the SBA. If Hancock Whitney determines that you are entitled to forgiveness of some or all of the amount applied for under the state and applicable regulations, we will request payment from the SBA at the time we issue our decision to the SBA.

PPP Step 3

90
Days

 

Forgiveness Amounts Remitted

  1. If the SBA determines the borrower was eligible for full forgiveness:
    Within 90 days after we issue our decision to the SBA, the SBA will, subject to any SBA review of the loan or loan application, remit the appropriate forgiveness amount to the Bank, plus any interest accrued through the date of payment; 

  2. If the SBA determines that only a portion of the loan is forgiven, or that the borrower was ineligible:

    If only a portion of the loan is forgiven, the forgiveness request is denied, or the SBA determines that the borrower was ineligible for the PPP loan, the SBA will remit only the approved forgiveness amount. Any remaining balance due on the loan after the application of any approved forgiveness amount must be repaid on or before the maturity date of your loan. You will be notified by the Bank of the forgiveness amount and the date on which your first payment is due.

Understanding the Forgiveness Amount

 
  • Compensation to employees (whose principal place of residence is the United States) in the form of salary, wages, commissions, or similar compensation;
  • Cash tips or the equivalent (based on employer records of past tips or, in the absence of such records, a reasonable, good-faith employer estimate of such tips);
  • Payment for vacation, parental, family, medical, or sick leave;
  • Allowance for separation or dismissal;
  • Payment for the provision of group health care benefits paid by EMPLOYER (Not Self-Employed or Partnership), including life, disability, medical, dental, and vision;
  • Payment of state and local taxes assessed on compensation of employees; and
  • For an independent contractor or sole proprietor, wages, commissions, income, or net earnings from self-employment, or similar compensation.

Interest payments on any business mortgage obligation on real or personal property that was incurred before February 15, 2020 (but not any prepayment or payment of principal).

Payments on business rent obligations on real or personal property under a lease agreement in force before February 15, 2020.

Business utility payments for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before February 15, 2020.

  • Operational Expenses: Software, cloud computing, and other human resources and accounting needs.

  • Property Damage: Property damage due to public disturbances that occurred during 2020 that are not covered by insurance.

  • Supplier Cost: Expenditures to a supplier pursuant to a contract, purchase order, or order for goods in effect prior to taking out the loan.

  • Worker Protection: Personal protective equipment and adaptive investments made between 3/1/2020 and the end of national emergency declaration.

Documentation Preparation

Review our PPP Loan Forgiveness Application Checklist.

An eligible borrower that received a loan of $150,000 or less is not required to submit any documentation in addition to the certification and information required by the Small Business Act.

However, such borrowers must retain records related to employment records for the 4-year period following submission of the laon forgiveness application, and with respect to other records, for the 3-year period following submission of the loan forgiveness application.

Bank account statements or third-party payroll service provider reports documenting the amount of cash compensation paid to employees.

Tax forms (or equivalent third-party payroll service provider reports) for the periods that overlap with the covered period or the alternative payroll covered period:

  • Payroll tax filings reported, or that will be reported, to the IRS (Form 941).

  • State quarterly business and individual employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.

  • Payment receipts, cancelled checks, or account statements documenting the amount of any employer contributions to employee health insurance and retirement plans included in the forgiveness amount.

The average number of FTE employees on payroll per month employed between:

  • 02/15/2019 – 06/30/2019; or
  • 01/01/2020 – 02/29/2020

In the case of the seasonal employer, the average number of FTE employees on payroll per month employed between:

  • 02/15/2019 – 06/30/2019;
  • 01/01/2020 – 02/29/2020; or
  • Any consecutive 12-week period between 05/01/2019 – 09/15/2019
  • Business mortgage interest payments
  • Business rent or lease payments
  • Business utility payments

 

The verification documents include, but may not limited to:

  • Cancelled checks
  • Payment receipts
  • Accounts transcripts

Frequently Asked Questions

 

Understanding the Terms

  1. What is the “Covered Period”?
  2. What is the "Alternative Payroll Covered Period"?
  3. What are considered eligible "Payroll Costs”?
  4. What are considered eligible “Non-payroll Costs”?
  5. If a borrower elects to use the Alternative Payroll Covered Period for payroll costs, does the Alternative Payroll Covered Period apply to nonpayroll costs?
  6. What is the "maturity date" of my PPP loan?

Understanding the Loan Forgiveness Amount

  1. How much of my PPP loan may be forgiven?
  2. Can my PPP loan be forgiven in whole or in part?
  3. Are salary, wages, or commission payments to furloughed employees; bonuses; or hazard pay during the covered period eligible for loan forgiveness?
  4. Could the SBA reduce the amount of Loan Forgiveness?
  5. Will a borrower’s loan forgiveness amount be reduced if the borrower laid-off or reduced the hours of an employee, then offered to rehire the same employee for the same salary and same number of hours, or restore the reduction in hours, but the employee declined the offer?
  6. Will a borrower’s loan forgiveness amount be reduced if an employee is fired for cause, voluntarily resigns, or voluntarily requests a schedule reduction?
  7. Are payroll costs that were incurred DURING the Covered Period or the Alternative Payroll Covered Period but paid AFTER the Covered Period or the Alternative Payroll Covered Period eligible for loan forgiveness?
  8. Are payroll costs that were incurred BEFORE the Covered Period but paid DURING the Covered Period eligible for loan forgiveness?
  9. Are nonpayroll costs incurred PRIOR to the Covered Period, but paid DURING the Covered Period, eligible for loan forgiveness?
  10. Are nonpayroll costs incurred DURING the Covered Period, but paid AFTER the Covered Period, eligible for loan forgiveness?
  11. What if my loan is not completely forgiven?
  12. What can borrowers do if the Bank has issued a decision to the SBA denying the loan forgiveness application?
  13. When will I have to begin paying principal and interest on my PPP loan?

Understanding the Loan Forgiveness Process

  1. How may I obtain Loan Forgiveness?
  2. When is the deadline to apply for loan forgiveness?
  3. What can I do now to prepare a Loan Forgiveness request?
  4. What payroll documents should I submit if I received a PPP Loan of more than $150,000?
  5. What FTE documents need to be submitted with the forgiveness application?
  6. What documentation should borrowers maintain to show compliance with the FTE reduction exemption?
  7. What documentation do I need for non-payroll expenses?
  8. For Borrowers required to use the standard application form, what documentation must the Borrower maintain, even though it is not required to be submitted?
  9. Which Borrowers are eligible to use the EZ version application form?
  10. For Borrowers eligible to use the EZ application form, what payroll documentation must be submitted to support forgiveness of their PPP loans?
  11. For Borrower’s eligible to use the EZ application form, what non-payroll documents must be submitted to support forgiveness of their PPP loans?
  12. For Borrower’s eligible to use the EZ application form, what documentation must the Borrower maintain, even though it is not required to be submitted?
  13. Which borrowers are eligible to use the 3508S application form?
  14. For borrowers eligible to use the simplified forgiveness application (Form 3508S), what payroll documentation must be submitted to support forgiveness of their PPP loans?
  15. For borrowers eligible to use the simplified forgiveness application (Form 3508S), what non-payroll documentation must be submitted to support forgiveness of their PPP loans?
  16. For borrowers eligible to use the simplified forgiveness application (Form 3508S), what documentation must the Borrower maintain, even though it is not required to be submitted?
  17. What are the FTE Reduction Safe Harbors?
  18. Could the SBA review my Paycheck Protection Program loan files?
  19. How can I receive status updates after submitting my PPP loan forgiveness application?
  20. The PPP loan forgiveness application forms (3508, 3508EZ, and 3508S) display an expiration date of 10/31/2020 in the upper-right corner. Is October 31, 2020 the deadline for borrowers to apply for forgiveness?
  21. If I have used my EIDL loan for payroll costs, how can I refinance that into my PPP loan?
  22. What is an excess loan amount error?
  23. What is the effect of an excess loan amount error on loan forgiveness?
  24. What is the effect of an excess loan amount error on the SBA’s loan guarantee?
  25. What is the effect of an excess loan amount error on a borrower’s obligations?
  26. Can I resubmit my loan forgiveness application using SBA Form 3508S if I have already applied for loan forgiveness using Form 3508EZ or 3508?
  27. When can a PPP borrower appeal to OHA regarding a final SBA loan review decision?
  28. Do you expect the SBA to issue additional program rules or other guidance?

Most Commonly Asked Questions During Application Review

  1. Is internal payroll documentation (e.g. QuickBooks®) sufficient to support cash compensation payments?
  2. When submitting tax forms, what should a borrower do if the covered period extends into Q3, but the borrower has not filed Q3 tax forms yet?
  3. Do I need to submit FTE documentation if I’m only checking the second box on the EZ Form?
  4. How should I cap the salary for employees who earn more than $100,000 annually?
  5. Do all non-payroll expenses require documentation even if the amount is marginal in comparison to the loan amount?
  6. When is it appropriate to include my EIDL Advance Amount and EIDL Loan Number on my PPP Forgiveness application?
  7. What are viable examples of FTE documentation?
  8. Does a request to complete the Loan Necessity Questionnaire mean that the SBA is challenging my certification?

Understanding the Terms

Q: What is the “Covered Period”?
A:

The "Covered Period" is the 24-week period beginning on the date your PPP loan is disbursed; however, if your PPP loan was made before June 5, 2020, you may elect to have your loan forgiveness covered period be the eight-week period beginning on the date your PPP loan was disbursed.

For example, if you received PPP loan proceeds on Monday, April 20, the first day of the Covered Period is April 20, 2020 and the last day of the 24-week Covered Period is October 5, 2020. If you choose to elect the 8-week Covered Period the last day would be June 14, 2020.

This choice of covered period may be made at any time.

Q: What is the "Alternative Payroll Covered Period"?
A:

For administrative convenience, Borrowers with a biweekly (or more frequent) payroll schedule may elect to calculate eligible payroll costs using the 24-week (168-day) period (or for loans received before June 5, 2020 at the election of the borrower, the eight-week (56-day) period) that begins on the first day of their first pay period following their PPP Loan Disbursement Date.

For example, if the Borrower is using a 24-week Alternative Payroll Covered Period and received its PPP loan proceeds on Monday, April 20, and the first day of its first pay period following its PPP loan disbursement is Sunday, April 26, the first day of the Alternative Payroll Covered Period is April 26 and the last day of the Alternative Payroll Covered Period is Saturday, October 10.

Borrowers that elect to use the Alternative Payroll Covered Period must apply the Alternative Payroll Covered Period wherever there is a reference in the application to “the Covered Period or the Alternative Payroll Covered Period.”

However, Borrowers must apply the Covered Period (not the Alternative Payroll Covered Period) wherever there is a reference in the application to “the Covered Period” only. In no event may the Alternative Payroll Covered Period extend beyond December 31, 2020.

Q: What are considered eligible "Payroll Costs”?
A:

Payroll costs consist of:

  • Compensation to employees (whose principal place of residence is the United States) in the form of salary, wages, commissions, or similar compensation;
  • Cash tips or the equivalent (based on employer records of past tips or, in the absence of such records, a reasonable, good-faith employer estimate of such tips);
  • Payment for vacation, parental, family, medical, or sick leave;
  • Allowance for separation or dismissal; payment for the provision of group health care benefits paid by EMPLOYER (Not Self-employed or Partnership), including life, disability, medical, dental, and vision;
  • Payment of state and local taxes assessed on compensation of employees; and
  • For an independent contractor or sole proprietor, wages, commissions, income, or net earnings from self-employment, or similar compensation.

Please visit the SBA site for more information.         

Q: What are considered eligible “Non-payroll Costs”?
A: Eligible “Non-payroll Costs” are:
  • Interest payments on any business mortgage obligation on real or personal property that was incurred before February 15, 2020 (but not any prepayment or payment of principal);
  • Payments on business rent obligations on real or personal property under a lease agreement in force before February 15, 2020; 
  • Business utility payments for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before February 15, 2020;
  • Operational Expenses: Software, cloud computing, and other human resources and accounting needs;
  • Property Damage: Property damage due to public disturbances that occurred during 2020 that are not covered by insurance;
  • Supplier Cost: Expenditures to a supplier pursuant to a contract, purchase order, or order for goods in effect prior to taking out the loan; and 
  • Worker Protection: Personal protective equipment and adaptive investments made between 3/1/2020 and the end of national emergency declaration.

Please visit the SBA site for more information.

Q: If a borrower elects to use the Alternative Payroll Covered Period for payroll costs, does the Alternative Payroll Covered Period apply to nonpayroll costs?
A:

No. The Alternative Payroll Covered Period applies only to payroll costs, not to nonpayroll costs. The Covered Period always starts on the date the lender makes a disbursement of the PPP loan. Nonpayroll costs must be paid or incurred during the Covered Period to be eligible for loan forgiveness. For payroll costs only, the borrower may elect to use the Alternative Payroll Covered Period to align with its biweekly or more frequent payroll schedule.

Q: What is the "maturity date" of my PPP loan?
A:

For loans made before June 5, 2020, the maturity is two years from  the date the loan was made; however, borrowers and lenders may mutually agree to extend the maturity of such loans to five years.  If after you applied for forgiveness you receive a decision on your application that does not result in full forgiveness, then it may be appropriate to ask the bank to consider a request to extend the term of your PPP loan if such extension is financially necessary.

For loans made on or after June 5, the maturity is five years from the date the loan was made.

Understanding the Loan Forgiveness Amount

Q: How much of my PPP loan may be forgiven?
A:

The amount of your loan that is eligible to be forgiven will be determined based on the total amount of loan proceeds that you spend during the Covered Period to retain employees ("eligible payroll costs" and on certain other non-payroll covered expenses including mortgage interest, rent, utilities, operational expenses, property damage, supplier cost, and worker protection).

At least 60% of the amount forgiven must be attributable to eligible payroll costs while only up to 40% can be used on non-payroll covered expenses. Note: the PPP loan can be forgiven in whole or in part.

For example, if a borrower uses 59 percent of its PPP loan for payroll costs, it will not receive the full amount of loan forgiveness it might otherwise be eligible to receive. Instead, the borrower will receive partial loan forgiveness, based on the requirement that 60 percent of the forgiveness amount must be attributable to payroll costs. For example, if a borrower receives a $100,000 PPP loan, and during the covered period the borrower spends $54,000 (or 54 percent) of its loan on payroll costs, then because the borrower used less than 60 percent of its loan on payroll costs the maximum amount of loan forgiveness the borrower may receive is $90,000 (with $54,000 in payroll costs constituting 60 percent of the forgiveness amount and $36,000 in nonpayroll costs constituting 40 percent of the forgiveness amount).

For each individual employee, the total amount of cash compensation eligible for forgiveness may not exceed an annual salary of $100,000, as prorated for the covered period.

Please visit the SBA site for more information.

Q: Can my PPP loan be forgiven in whole or in part?
A:

Yes. The amount of loan forgiveness can be up to the full principal amount of the loan and any accrued interest. An eligible borrower will not be responsible for any loan payment if the borrower uses all of the loan proceeds for forgivable purposes as described below and employee and compensation levels are maintained or, if not, an applicable safe harbor applies. The actual amount of loan forgiveness will depend, in part, on the total amount of payroll costs,payments of interest on mortgage obligations incurred before February 15, 2020, rent payments on leases dated before February 15, 2020, utility payments for service that began before February 15, 2020, and operational expenses, property damage, supplier cost, and worker protection cost over the loan forgiveness Covered Period.

  • Borrowers of PPP loans of $50,000 or less, other than any borrower that together with its affiliates received loans totaling $2 million or greater, will be eligible for full forgiveness if at least 60% of the PPP loan was used for payroll costs, and not more than 40% of the loan forgiveness amount is attributable to nonpayroll costs. This group of borrowers may be exempt from any reductions in loan forgiveness amount based on FTE employees or salary reductions.  
  • Borrowers of PPP loans of more than $50,000 will be eligible for full forgiveness if (1) at least 60% of the PPP loan was used for payroll costs, and not more than 40% of the loan forgiveness amount is attributable to nonpayroll costs; and (2) employee and compensation levels are maintained or, if not, an applicable safe harbor applies.

Q: Are salary, wages, or commission payments to furloughed employees; bonuses; or hazard pay during the covered period eligible for loan forgiveness?
A:

Yes. The CARES Act defines the term “payroll costs” broadly to include compensation in the form of salary, wages, commissions, or similar compensation. If a borrower pays furloughed employees their salary, wages, or commissions during the covered period, those payments are eligible for forgiveness as long as they do not exceed an annual salary of $100,000, as prorated for the covered period.

Q: Could the SBA reduce the amount of Loan Forgiveness?
A:

Yes. To receive full forgiveness, at least 60% of the PPP loan should be used for payroll costs, and not more than 40% of the loan forgiveness amount should be attributable to nonpayroll costs. Unless you are a borrower of PPP loans of $50,000 or less, forgiveness is also based upon maintaining or quickly rehiring employees and salary levels. Your Loan Forgiveness amount may be reduced if your full-time headcount declines or if salaries and wages decrease.

Please visit the SBA site for more information.

Q: Will a borrower’s loan forgiveness amount be reduced if the borrower laid-off or reduced the hours of an employee, then offered to rehire the same employee for the same salary and same number of hours, or restore the reduction in hours, but the employee declined the offer?
A:

In calculating its loan forgiveness amount, a borrower may exclude any reduction in FTE employees if the borrower is able to document in good faith the following:

  1. An inability to rehire individuals who were employees of the borrower on February 15, 2020; and
  2. An inability to hire similarly qualified individuals for unfilled positions on or before December 31, 2020.

Borrowers are required to inform the applicable state unemployment insurance office of any employee’s rejected rehire offer within 30 days of the employee’s rejection of the offer.

The documents that borrowers should maintain to show compliance with this exemption include the written offer to rehire an individual, a written record of the offer’s rejection, and a written record of efforts to hire a similarly qualified individual.

Please note that borrowers of PPP loans of $50,000 or less may be exempt from such requirements.

Q: Will a borrower’s loan forgiveness amount be reduced if an employee is fired for cause, voluntarily resigns, or voluntarily requests a schedule reduction?
A:

No. When an employee of the borrower is fired for cause, voluntarily resigns, or voluntarily requests a reduced schedule during the covered period or the alternative payroll covered period (FTE reduction event), the borrower may count such employee at the same full-time equivalency level before the FTE reduction event when calculating the FTE employee reduction penalty. Borrowers must submit appropriate documentation regarding employee terminations, resignations and reductions in hours.

Please note that borrowers of PPP loans of $50,000 or less may be exempt from such requirements.

Q: Are payroll costs that were incurred DURING the Covered Period or the Alternative Payroll Covered Period but paid AFTER the Covered Period or the Alternative Payroll Covered Period eligible for loan forgiveness?
A:

Yes, if the payroll costs are paid on or before the next regular payroll date after the Covered Period or Alternative Payroll Covered Period.

Q: Are payroll costs that were incurred BEFORE the Covered Period but paid DURING the Covered Period eligible for loan forgiveness?
A:

Yes.

Q: Are nonpayroll costs incurred PRIOR to the Covered Period, but paid DURING the Covered Period, eligible for loan forgiveness?
A:

Yes, eligible business mortgage interest costs, eligible business rent or lease costs, eligible business utility costs, operational expenses, property damage, supplier cost, and worker protection cost incurred prior to the Covered Period and paid during the Covered Period are eligible for loan forgiveness.

Q: Are nonpayroll costs incurred DURING the Covered Period, but paid AFTER the Covered Period, eligible for loan forgiveness?
A:

Nonpayroll costs are eligible for loan forgiveness if they were incurred during the Covered Period and paid on or before the next regular billing date, even if the billing date is after the Covered Period.

Q: What if my loan is not completely forgiven?
A:

You will be responsible for repayment of loan amounts that are not forgiven by making monthly payments to us in accordance with the terms of your note.

Q: What can borrowers do if the Bank has issued a decision to the SBA denying the loan forgiveness application?
A:

Within 30 days of notice from the lender, a borrower may notify the lender that it is requesting that the SBA review the lender's decision by reviewing the loan in accordance with 2.c. below.

Within 5 days of receipt, the lender must notify the SBA of the borrower's request for review. The SBA will notify the lender if the SBA declines a request for review.

If the borrower does not request the SBA review or the SBA declines the request for review, the lender is responsible for notifying the borrower of the date on which the borrower's first payment is due.

If the SBA accepts a borrower's request for review, the SBA will notify the borrower and the lender of the results of the review. If the SBA denies forgiveness in whole or in part, the lender is responsible for notifying the borrower of the date on which the borrower's first payment is due.

Enabling the SBA to use the statutory 90-day period to review the PPP loan and forgiveness documentation is an appropriate procedural protection to prevent  fraud or misuse of PPP funds, ensure that recipients of PPP loans are within the scope of entities that the CARES Act is intended to assist, and confirm compliance with the PPP requirements set forth in the statute, rules, and guidance.

Q: When will I have to begin paying principal and interest on my PPP loan?
A:

If you submit a loan forgiveness application to your lender within 10 months after the end of your loan forgiveness covered period, you will not have to make any payments of principal or interest on your loan before the date on which SBA remits the loan forgiveness amount on your loan to your lender (or notifies your lender that no loan forgiveness is allowed).

The SBA will cover all principal and accrued interest related to the forgiven portion of the loan if the borrower submits their forgiveness application prior to the 24-week covered period plus ten months.


Your “loan forgiveness covered period” is the 24-week period beginning on the date your PPP loan is disbursed; however, if your PPP loan was made before June 5, 2020, you may elect to have your loan forgiveness covered period be the eight-week period beginning on the date your PPP loan was disbursed.

Your lender must notify you of remittance by SBA of the loan forgiveness amount (or notify you that SBA determined that no loan forgiveness is allowed) and the date your first payment is due. Interest  continues to accrue during the deferment period.

If you do not submit to your lender a loan forgiveness application within 10 months after the end of your loan forgiveness covered period, you must begin paying principal and interest after that period.

Understanding the Loan Forgiveness Process

Q: How may I obtain Loan Forgiveness?
A:

For clients who currently have PPP loans, we have invited clients directly by email to submit their PPP Forgiveness Application via our online portal. Please note, this invitation to apply was sent to the email associated with your PPP loan. If you have not received an invitation to apply for forgiveness, please contact us at 877-538-3335.

To receive loan forgiveness:

  1. A borrower must complete and submit the Loan Forgiveness Application (SBA Form 3508, 3508EZ,  3508S, or lender equivalent) to its lender (or the lender servicing its loan).
  2. 60 days for the bank to make decision - We will review the application and issue a decision regarding loan forgiveness to SBA within 60 days from receipt of a complete application;
  3. 90 days for the SBA to remit the forgiveness amount - If we determine that the borrower is entitled to forgiveness of some or all of the amount applied for under the statute and applicable regulations, the Bank will request payment from SBA at the time the Bank issues its decision to SBA.
The general loan forgiveness process described above applies only to loan forgiveness applications that are not reviewed by SBA prior to the lender’s decision on the forgiveness application.

The SBA determines the borrower was eligible:
SBA will, subject to any SBA review of the loan or loan application, remit the appropriate forgiveness amount to the Bank, plus any interest accrued through the date of payment, not later than 90 days after the Bank issues its decision to SBA; If applicable, SBA will deduct EIDL Advance Amounts from the forgiveness amount remitted to the Bank;

The SBA determines the borrower was ineligible:
If SBA determines in the course of its review that the borrower was ineligible for the PPP loan based on the provisions of the CARES Act, SBA rules or guidance available at the time of the borrower's loan application, or the terms of the borrower's PPP loan application, the loan will not be eligible for loan forgiveness; The Bank is responsible for notifying the borrower of the forgiveness amount.

If SBA determines only a portion of the loan is forgiven:
If only a portion of the loan is forgiven, or if the forgiveness request is denied, any remaining balance due on the loan must be repaid by the borrower on or before the maturity of the loan.

The Bank is responsible for notifying the borrower of remittance by SBA of the loan forgiveness amount (or that SBA determined that no amount of the loan is eligible for forgiveness) and the date on which the borrower’s first payment is due, if applicable.

Hancock Whitney clients will soon have a dedicated link on this page to apply for PPP Loan Forgiveness, upload documents, and check on the progress of their applications.

Please visit the SBA site or the U.S. Department of the Treasury for more information.

Q: When is the deadline to apply for loan forgiveness?
A:

You may submit a loan forgiveness application any time on or before the maturity date of the loan - including before the end of the covered period - if you have used all of the loan proceeds for which you are requesting forgiveness.

If the borrower applies for forgiveness before the end of the covered period and has reduced any employee's salaries or wages in excess of 25%, the borrower must account for the excess salary reduction for the full 8-week or 24-week covered period.

If the borrower does not apply for loan forgiveness within 10 months after the last day of the covered period, or if SBA determines that the loan is not eligible for forgiveness (in whole or in part), the PPP loan is no longer deferred and the borrower must begin paying principal and interest.

If this occurs, the Bank will notify the borrower of the date the first payment is due.

Q: What can I do now to prepare a Loan Forgiveness request?
A:

To help facilitate your loan forgiveness application, we recommend that you:

  • Read through the regulatory guidance issued by the SBA
  • Gather documentation associated with eligible expenses, including payroll costs, mortgage interest, rent obligations, utility expenses, operational expenses, property damage, supplier cost, and worker protection cost
  • Continue to look for our updates and additional resources, including information about our online PPP Forgiveness application portal and specialized client service center to assist with your PPP questions
Q: What payroll documents should I submit if I received a PPP Loan of more than $150,000?
A:

Documentation verifying the eligible cash compensation and non-cash benefit payments from the Covered Period or the Alternative Payroll Covered Period consisting of each of the following:

  • Bank account statements or third-party payroll service provider reports documenting the amount of cash compensation paid to employees

  • Tax forms (or equivalent third-party payroll service provider reports) for the periods that overlap with the Covered Period or the Alternative Payroll Covered Period:
    • Payroll tax filings reported, or that will be reported, to the IRS (Form 941);
    • State quarterly business and individual payroll employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.

  • Payment receipts, cancelled checks, or account statements documenting the amount of any employer contributions to employee health insurance and retirement plans that the borrower included in the forgiveness amount (PPP Schedule A, line (6) and (7).
Q: What FTE documents need to be submitted with the forgiveness application?
A: Documentation showing (at the election of the borrower):
  • The average number of FTE employees on payroll per week employed by the Borrower between February 15, 2019 and June 30, 2019;
  • The average number of FTE employees on payroll per week employed by the Borrower between January 1, 2020 and February 29, 2020;
  • In the case of a seasonal employer, the average number of FTE employees on payroll per week employed by the Borrower between February 15, 2019 and June 30, 2019; between January 1, 2020 and February 29, 2020; or any consecutive 12-week period between May 1, 2019 and September 15, 2019.

The selected time period must be the same time period selected for purposes of completing PPP Schedule A, line 11. Documents may include payroll tax filings reported, or that will be reported, to the IRS (typically, Form 941) and state quarterly business and individual employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.

Documents submitted may cover periods longer than the specific time period.

Please note that borrowers of PPP loans of $50,000 or less may be exempt from such requirements.

Q: What documentation should borrowers maintain to show compliance with the FTE reduction exemption?
A:

Qualified documentation that are related to: (1) an inability to rehire individuals who were employees of the borrower on February 15, 2020; and (2) an inability to hire similarly qualified individuals for unfilled positions on or before December 31, 2020:

  • The written offer to rehire an individual
  • A written record of the offer's rejection
  • A written record of efforts to hire a similarly qualified individual
Qualified documentation that are related to an inability to return to the same level of business activity:
  • Copies of applicable COVID Requirements or Guidance for each business location
  • Relevant borrower financial records
Q: What documentation do I need for non-payroll expenses?
A: Documentation verifying existence of the obligations/services prior to February 15, 2020 and eligible payments from the Covered Period:

  • Business mortgage interest payments: Copy of lender amortization schedule and receipts or cancelled checks verifying eligible payments from the Covered Period; or lender account statements from February 2020 and the months of the Covered Period through one month after the end of the Covered Period verifying interest amounts and eligible payments.

  • Business rent or lease payments: Copy of current lease agreement and receipts or cancelled checks verifying eligible payments from the Covered Period; or lessor account statements from February 2020 and from the Covered Period through
    one month after the end of the Covered Period verifying eligible payments.

  • Business utility payments: Copy of invoices from February 2020 and those paid during the Covered Period and receipts, cancelled checks, or account statements verifying those eligible payments.

  • Documentation related to operational expenses, property damage, supplier cost, and worker protection costs.
Q: For Borrowers required to use the standard application form, what documentation must the Borrower maintain, even though it is not required to be submitted?
A:

PPP Schedule A Worksheet, or its equivalent, and the following:

  • Documentation supporting the listing of each individual employee in PPP Schedule A Worksheet Table 1, including the “Salary/Hourly Wage Reduction” calculation, if necessary.

  • Documentation supporting the listing of each individual employee in PPP Schedule A Worksheet Table 2; specifically, that each listed employee received during any single pay period in 2019 compensation at an annualized rate of more than $100,000.

  • Documentation regarding any employee job offers and refusals, refusals to accept restoration of reductions in hours, firings for cause, voluntary resignations, written requests by any employee for reductions in work schedule, and any inability to hire similarly qualified employees for unfilled positions on or before December 31, 2020.

  • Documentation supporting the certification, if applicable, that the Borrower was unable to operate between February 15, 2020, and the end of the Covered Period at the same level of business activity as before February 15, 2020 due to compliance with requirements established or guidance issued between March 1, 2020 and December 31, 2020 by the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration, related to the maintenance of standards of sanitation, social distancing, or any other work or customer safety requirement related to COVID-19. This documentation must include copies of the applicable requirements for each borrower location and relevant borrower financial records.

  • Documentation supporting the PPP Schedule A Worksheet “FTE Reduction Safe Harbor 2.”
Q: Which Borrowers are eligible to use the EZ version application form?
A:

You are eligible to use the SBA Form 3508EZ to apply for forgiveness of your PPP loan if at least one of the following criteria is met:

  • You are self-employed with no employees;
  • You did not reduce salaries / wages by more than 25% AND did not reduce employee hours;
  • You did not reduce salaries / wages by more than 25% AND experienced reductions in business due to health directives;

For more information about EZ Form eligibility, please see 3508EZ Form Instructions.

Q: For Borrowers eligible to use the EZ application form, what payroll documentation must be submitted to support forgiveness of their PPP loans?
A:

Documentation verifying the eligible cash compensation and non-cash benefit payments from the Covered Period or the Alternative Payroll Covered Period consisting of each of the following:

  • Bank account statements or third-party payroll service provider reports documenting the amount of cash compensation paid to employees.
  • Tax forms (or equivalent third-party payroll service provider reports) for the periods that overlap with the Covered Period or the Alternative Payroll Covered Period:
  • Payroll tax filings reported, or that will be reported, to the IRS (typically, Form 941); and
  • State quarterly business and individual employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.
  • Payment receipts, cancelled checks, or account statements documenting the amount of any employer contributions to employee health insurance and retirement plans that the Borrower included in the forgiveness amount.
  • If you checked only the second box on the checklist on page 1 of these instructions, the average number of full-time equivalent employees on payroll employed by the Borrower on January 1, 2020 and at the end of the Covered Period.
Q: For Borrower’s eligible to use the EZ application form, what non-payroll documents must be submitted to support forgiveness of their PPP loans?
A:

Documentation verifying existence of the obligations/services prior to February 15, 2020 and eligible payments from the Covered Period.

  • Business mortgage interest payments: Copy of lender amortization schedule and receipts or cancelled checks verifying eligible payments from the Covered Period; or lender account statements from February 2020 and the months of the Covered Period through one month after the end of the Covered Period verifying interest amounts and eligible payments.
  • Business rent or lease payments: Copy of current lease agreement and receipts or cancelled checks verifying eligible payments from the Covered Period; or lessor account statements from February 2020 and from the Covered Period through one month after the end of the Covered Period verifying eligible payments.
  • Business utility payments: Copy of invoices from February 2020 and those paid during the Covered Period and receipts, cancelled checks, or account statements verifying those eligible payments
Q: For Borrower’s eligible to use the EZ application form, what documentation must the Borrower maintain, even though it is not required to be submitted?
A:
  • Documentation supporting the certification that annual salaries or hourly wages were not reduced by more than 25 percent during the Covered Period or the Alternative Payroll Covered Period relative to the period between January 1, 2020 and March 31, 2020. This documentation must include payroll records that separately list each employee and show the amounts paid to each employee during the period between January 1, 2020 and March 31, 2020, and the amounts paid to each employee during the Covered Period or Alternative Payroll Covered Period.
  • Documentation regarding any employee job offers and refusals, refusals to accept restoration of reductions in hours, firings for cause, voluntary resignations, written requests by any employee for reductions in work schedule, and any inability to hire similarly qualified employees for unfilled positions on or before December 31, 2020.
  • Documentation supporting the certification, if applicable, that the Borrower did not reduce the number of employees or the average paid hours of employees between January 1, 2020 and the end of the Covered Period (other than any reductions that arose from an inability to rehire individuals who were employees on February 15, 2020, if the Borrower was unable to hire similarly qualified employees for unfilled positions on or before December 31, 2020). This documentation must include payroll records that separately list each employee and show the amounts paid to each employee between January 1, 2020 and the end of the Covered Period.
  • Documentation supporting the certification, if applicable, that the Borrower was unable to operate between February 15, 2020 and the end of the Covered Period at the same level of business activity as before February 15, 2020 due to compliance with requirements established or guidance issued between March 1, 2020 and December 31, 2020 by the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration, related to the maintenance of standards of sanitation, social distancing, or any other work or customer safety requirement related to COVID-19. This documentation must include copies of the applicable requirements for each borrower location and relevant borrower financial records.
Q: Which borrowers are eligible to use the 3508S application form?
A:

You can apply for forgiveness of your Paycheck Protection Program (PPP) loan using SBA Form 3508S only if the total PPP loan amount you received from your Lender was $50,000 or less. However, a borrower that together with its affiliates received PPP loans totaling $2 million or more cannot use this form.

Q: For borrowers eligible to use the simplified forgiveness application (Form 3508S), what payroll documentation must be submitted to support forgiveness of their PPP loans?
A:

Documentation verifying the eligible cash compensation and non-cash benefit payments from the Covered Period or the Alternative Payroll Covered Period consisting of each of the following:

  • Bank account statements or third-party payroll service provider reports documenting the amount of cash compensation paid to employees.
  • Tax forms (or equivalent third-party payroll service provider reports) for the periods that overlap with the Covered Period or the Alternative Payroll Covered Period:
    • Payroll tax filings reported, or that will be reported, to the IRS (typically, Form 941); and
    • State quarterly business and individual employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.
  • Payment receipts, cancelled checks, or account statements documenting the amount of any employer contributions to employee health insurance and retirement plans that the Borrower included in the forgiveness amount.
Q: For borrowers eligible to use the simplified forgiveness application (Form 3508S), what non-payroll documentation must be submitted to support forgiveness of their PPP loans?
A:

Documentation verifying existence of the obligations/services prior to February 15, 2020 and eligible payments from the Covered Period.

  • Business mortgage interest payments: Copy of lender amortization schedule and receipts or cancelled checks verifying eligible payments from the Covered Period; or lender account statements from February 2020 and the months of the Covered Period through one month after the end of the Covered Period verifying interest amounts and eligible payments. 
  • Business rent or lease payments: Copy of current lease agreement and receipts or cancelled checks verifying eligible payments from the Covered Period; or lessor account statements from February 2020 and from the Covered Period through one month after the end of the Covered Period verifying eligible payments. 
  • Business utility payments: Copy of invoices from February 2020 and those paid during the Covered Period and receipts, cancelled checks, or account statements verifying those eligible payments.
Q: For borrowers eligible to use the simplified forgiveness application (Form 3508S), what documentation must the Borrower maintain, even though it is not required to be submitted?
A:

All records relating to the borrower’s PPP loan, including documentation submitted with its PPP loan application, documentation supporting the borrower’s certifications as to its eligibility for a PPP loan, documentation necessary to support the borrower’s loan forgiveness application, and documentation demonstrating the borrower’s material compliance with PPP requirements. The borrower must retain all such documentation in its files for six years after the date the loan is forgiven or repaid in full, and permit authorized representatives of SBA, including representatives of its Office of Inspector General, to access such files upon request.

Q: What are the FTE Reduction Safe Harbors?
A:

Two separate safe harbors are available to exempt borrowers,  who meet the requirements for exemption,  from any reduction in the amount of their loan forgiveness based on a reduction in FTE employee levels:

  • The Borrower, in good faith, is able to document that it was unable to operate between February 15, 2020, and the end of the Covered Period at the same level of business activity as before February 15, 2020, due to compliance with requirements established or guidance issued between March 1, 2020 and December 31, 2020, by the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration, related to the maintenance of standards for sanitation, social distancing, or any other worker or customer safety requirement related to COVID-19.

  • Both of the following conditions are met: (a) the Borrower reduced its FTE employee levels in the period beginning February 15, 2020, and ending April 26, 2020; and (b) the Borrower then restored its FTE employee levels by not later than December 31, 2020 to its FTE employee levels in the Borrower’s pay period that included February 15, 2020.
Q: Could the SBA review my Paycheck Protection Program loan files?
A:

Yes. The SBA may review any PPP loan, as the Administrator deems appropriate.  Specifically, the Administrator is authorized to review the (i) borrower eligibility, (ii) loan amounts and use of proceeds, and (iii) loan forgiveness amount. 

For a PPP loan of any size, the SBA may undertake a review at their discretion. As noted on the Loan Forgiveness Application Form, the borrower must retain PPP documentation in its files for six years after the date the loan is forgiven or repaid in full and permit authorized representatives of the SBA to access such files upon request.

Please visit the SBA site for more information.

Q: How can I receive status updates after submitting my PPP loan forgiveness application?
A:

You will receive status updates from the online portal as your application is processed. Please check your email inbox or spam folders to look for the status updates.  In addition to the notifications generated from the online portal, you will also receive periodical communications from the Bank to remind you of any actionable items. Below are a few of the email communications you might receive from us during the application process:

  • Missing documentation request
  • Application under Bank review
  • Request for E-Signature of you completed forgiveness application
  • Application completed and under SBA review
  • SBA decision
Q: The PPP loan forgiveness application forms (3508, 3508EZ, and 3508S) display an expiration date of 10/31/2020 in the upper-right corner. Is October 31, 2020 the deadline for borrowers to apply for forgiveness?
A:

No. The expiration date in the upper-right corner of the posted PPP loan forgiveness application forms is displayed for purposes of SBA’s compliance with the Paperwork Reduction Act, and reflects the temporary expiration date for approved use of the forms. This date will be extended, and when approved, the same forms with the new expiration date will be posted.

As a reminder, borrowers may submit a loan forgiveness application any time before the maturity date of the loan. However, if a borrower does not apply for loan forgiveness within 10 months after the last day of the borrower’s loan forgiveness covered period, loan payments are no longer deferred and the borrower must begin making payments on the loan.

Q: If I have used my EIDL loan for payroll costs, how can I refinance that into my PPP loan?
A:

If the EIDL loan is used for payroll costs and the EIDL loan was funded between January 31, 2020 and April 3, 2020, the PPP loan must be used to refinance the EIDL loan. An EIDL loan may not be refinanced with a PPP loan when the PPP borrower received the EIDL loan before January 31, 2020 or after April 3, 2020; and an EIDL loan is not required to be refinanced with a PPP loan when the PPP borrower used the EIDL loan for purposes other than payroll costs.

Q: What is an excess loan amount error?
A:

An excess loan amount error is a borrower or lender error made in good faith that caused a borrower to receive a PPP loan amount that exceeds the borrower's correct maximum loan amount. An excess loan amount error does not include a knowing misstatement.

These may include:

  1. Borrower mistakenly failed to subtract amounts paid to employees in excess of $100,000 from reported payroll costs. As a result, the loan amount approved for the borrower exceeded the borrower's maximum loan amount.
  2. Borrower mistakenly included payments to an independent contractor in its calculation of payroll costs on its PPP Borrower Application Form. As a result, the loan amount approved for the borrower exceeded the borrower's correct maximum loan amount.
  3. Lender inadvertently approved borrower for an amount higher than borrower's applied loan amount due to a lender employee data input error. As a result, the loan amount approved for the borrower exceeded the borrower's correct maximum loan amount.
Q: What is the effect of an excess loan amount error on loan forgiveness?
A:

A borrower may not receive loan forgiveness for any amount that exceeds the correct maximum loan amount permitted by statute for that borrower.This is true whether the excess loan amount was caused by borrower error or lender error.

The lender must issue a decision to SBA denying forgiveness for the amount that exceeded the borrower’s correct maximum loan amount.

If an excess loan amount error is discovered after the lender has already submitted a forgiveness decision to SBA, the lender should promptly request the withdrawal of the lender loan forgiveness decision by notifying SBA through the SBA Paycheck Protection Platform. The lender may then submit a new lender loan forgiveness decision for the correct amount through the SBA Paycheck Protection Platform. A borrower must repay any unforgiven portion of a PPP loan.

If a lender discovers an excess loan amount error after SBA has issued a final loan forgiveness decision and remitted payment, lender must promptly notify the borrower and SBA through the SBA Paycheck Protection Platform.

Q: What is the effect of an excess loan amount error on the SBA’s loan guarantee?
A:

Borrower Error
If an excess loan amount error is due solely to the borrower’s error in completing the loan application form, the borrower error does not invalidate the SBA’s guarantee of the PPP loan. However, excessive occurrences or patterns of undetected borrower errors may indicate a lender did not perform a good-faith review of borrowers’ calculations or supporting documents concerning average monthly payroll costs and could be grounds for further review of the lender by the SBA, which could affect the guarantee.

Lender Error
If an excess loan amount error is due in whole or in part to the lender’s failure to satisfy its obligations under PPP rules and the document collection and retention requirements described in the lender application form, the SBA guarantee will not apply to the excess loan amount.

Q: What is the effect of an excess loan amount error on a borrower’s obligations?
A:

If the lender or SBA, as applicable, determines a borrower was ineligible for any portion of its loan amount, forgiveness will be denied for the ineligible portion and the borrower must begin making payments on the remaining loan amount. Any unforgiven loan amounts remain obligations of the borrower, even if the borrower was ineligible to receive some or all of the loan.

Q: Can I resubmit my loan forgiveness application using SBA Form 3508S if I have already applied for loan forgiveness using Form 3508EZ or 3508?
A:

Yes. A borrower that is eligible to use SBA Form 3508S, but applied for loan forgiveness using PPP Loan Forgiveness Application Form 3508EZ or 3508, may resubmit its loan forgiveness application to its lender using SBA Form 3508S at any time until the SBA notifies the lender of a final SBA loan review decision or remits to the lender the PPP loan forgiveness payment.

If a borrower's resubmission of a loan forgiveness application using SBA Form 3508S is timely received, the Bank will request the withdrawal of any lender loan forgiveness decision by notifying the SBA through the SBA Paycheck Protection Platform. Resubmissions after the SBA notifies the Bank of a final SBA review decision or remits to the Bank the PPP loan forgiveness payment are not permitted.

After a borrower's resubmission of a complete loan forgiveness application, the Bank will issue a decision to the SBA on the new loan forgiveness application not later than 60 days after receipt of the complete loan forgiveness application. When we issue a forgiveness decision to the SBA on the new loan forgiveness application, the SBA will, subject to any SBA review of the loan or loan application, remit the appropriate forgiveness amount to the Bank, plus any interest accrued through the date of payment, not later than 90 days after we issue our forgiveness decision to SBA.

Q: When can a PPP borrower appeal to OHA regarding a final SBA loan review decision?
A:

A PPP borrower has the right to appeal to the OHA only a final SBA loan review decision that finds a borrower:

  1. Was ineligible for a PPP loan;
  2. Was ineligible for the PPP loan amount received or used the PPP loan proceeds for unauthorized uses;
  3. Is ineligible for PPP loan forgiveness in the amount determined by the lender in its full approval or partial approval decision issued to the SBA; and/or
  4. Is ineligible for PPP loan forgiveness in any amount when the lender has issued a full denial decision to the SBA.

If no final SBA loan review decision was issued or if the final SBA loan review decision that was issued does not fall into one of the four categories above, the borrower does not have a right to appeal to the OHA. Additionally, a borrower cannot file an OHA appeal of any decision made by a lender concerning a PPP loan.

Borrowers may not appeal to the OHA if, among other circumstances, the lender has issued a forgiveness decision to the SBA in an amount that is less than the forgiveness amount requested by the borrower and the SBA has remitted to the lender a forgiveness payment equal to the amount in the lender’s forgiveness decision.
 
An appeal petition must be filed with the OHA within 30 calendar days after the borrower’s receipt of the final SBA loan review decision, or notification by the lender of the final SBA loan review decision, whichever is earlier.

Most Commonly Asked Questions During Application Review

Q: Is internal payroll documentation (e.g. QuickBooks®) sufficient to support cash compensation payments?
A:

No.  Providing only internal payroll documentation cannot support the borrowers’ cash compensation payments.  Such internal documentation must be provided together with bank statements to fulfill payroll documentation requirements.  Specifically, a borrower must provide each of the following pieces of documentation verifying the eligible cash compensation and non-cash benefit payments from the Covered Period or the Alternative Payroll Covered Period:

  • Bank account statements or third-party payroll service provider reports
  • Tax forms for the period that overlap with the Covered Period or the Alternative Payroll Covered Period
  • Payment receipts, cancelled checks, or account statements documenting the amount of any employer contributions to employee health insurance and / or retirement plans
Q: When submitting tax forms, what should a borrower do if the covered period extends into Q3, but the borrower has not filed Q3 tax forms yet?
A:

Borrowers need to provide tax forms that have been reported or will be reported for the entire covered period.  The Bank will need an estimate of the Q3 filings if the covered period extends into Q3.  An example of estimated tax filings is a Form 1040-ES.

Q: Do I need to submit FTE documentation if I’m only checking the second box on the EZ Form?
A:

Yes.  If a borrower checks only the second set of criteria for the EZ Form, along with the other documentation requirements, the borrower will need to provide documentation verifying average FTE as of 1/1/2020 as well as at the end of the Covered Period. Borrowers who received a PPP loan of $150,000 or less may be exempt from this requirement.

Q: How should I cap the salary for employees who earn more than $100,000 annually?
A:

For each individual employee, the total amount of cash compensation eligible for forgiveness may not exceed an annual salary of $100,000, as prorated for the covered period.  For a 24-week covered period, the owner compensation limit is $20,833 which is based on eight weeks of an annualized $100,000 salary.

Q: Do all non-payroll expenses require documentation even if the amount is marginal in comparison to the loan amount?
A:

Yes.  For example, if a borrower claims an internet bill expense for $50 on a $100,000 forgiveness request they will still need to provide the above referenced documentation in order for the $50 to count towards the forgiveness request.

Borrowers who received a PPP loan of $150,000 or less may be exempt from this requirement.

Q: When is it appropriate to include my EIDL Advance Amount and EIDL Loan Number on my PPP Forgiveness application?
A:

A borrower should include their EIDL Advance Amount and EIDL Loan Number if they included their EIDL loan details on their PPP origination application.

Q: What are viable examples of FTE documentation?
A:

Viable examples of FTE documentation include (but are not limited to): payroll tax filings reported, or that will be reported, to the IRS (typically, Form 941) and state quarterly business and individual employee wage reporting and unemployment insurance tax filings reported, or that will be reported, to the relevant state.  Documents submitted may cover periods longer than the specific time period.

Q: Does a request to complete the Loan Necessity Questionnaire mean that the SBA is challenging my certification?
A:

No. The SBA's assessment of a borrower's certification will be based on the totality of the borrower's circumstances through a multi-factor analysis. The certification is required to have been made in good faith at the time of the loan application, even if subsequent developments resulted in the loan no longer being necessary. In its review, the SBA may take into account the borrower's circumstances and actions both before and after the borrower's certification.

After a borrower submits its completed questionnaire, the SBA may request additional information, if necessary, to complete its review. When additional information is requested, borrowers will have an opportunity to provide a narrative response to the SBA explaining the circumstances that provided the basis for their good-faith loan necessity certification. The SBA will make a final determination that a borrower lacked an adequate basis for its loan necessity certification after reviewing any additional information that a borrower chooses to submit.

*  Please note that the information provided above is based on guidance provided by the U.S. Treasury and the SBA, including information included as part of the form of Paycheck Protection Program Loan Forgiveness Application currently published by the SBA.  This information is posted here solely for your convenience. It is not intended to be, and should not be considered, comprehensive or definitive. To the extent of any conflict between any information posted below or in any FAQ and the information and guidance issued directly by the SBA and/or the U.S. Treasury, the information provided directly by the SBA and/or U.S. Treasury will control.