General Loan Q&A
Provided by Mueller Prost. Written by MaryPat Davitz
*This content was published April 7, 2020 and is continually evolving. Please reference Mueller Prost’s original site for the latest source of any updated information.
Q: If I have 3 companies with separate EIN, can I apply for a SBA loan for each company? How will SBA treat this considering the “affiliates” as defined by SBA?
A: Yes, you can apply for and EIDL or PPP loan for each separate company with separate EIN. Each applicant should have payroll tax filings to support gross wages used to calculate the monthly payroll costs for PPP and other information may be requested for EIDL. The SBA will consider affiliate relationships to ensure that each entity that applies meets the SBA requirements as a small business as appropriate giving consideration to the requirements of the CARES Act.
Q: Can an S-Corp apply with only one shareholder/owner apply?
A: An S-Corp with only one shareholder may apply for either, or both the EIDL and the PPP loan.
Q: Understanding “double dipping” concerns by the government, how will this align with the FFCRA, which allows dollar for dollar tax credits for those who take COVID related sick leave, up to 12 weeks? Technically that pay is “forgiven” with the tax credits. Now we have a PPP loan forgiven.
A: Wages paid or expected to be paid under the FFCRA should be excluded from the calculation of payroll costs. PPP loan funds should not be used to pay wages that will be considered for the tax credit available under the FFCRA.
Q: If I get the PPP loan, can you also take advantage of the 6.2% payroll tax deferral program?
A: You cannot utilize the payroll tax deferral program for wages paid using PPP funds. You can utilize other programs as long as you do not “double dip”. So, wages that qualify for other programs cannot also be paid from PPP loan funds if you are receiving a benefit under those other programs.
Q: To confirm, the SBA loans need to go through the government website directly, and the PPP loan needs to go through a banking partner?
A: Correct. The EIDL is a direct loan with the SBA and you must apply through their website. The PPP loan is funded by banks and guaranteed by the SBA, so applications must be processed by banks.
Q: Can an employer apply for both EIDL and PPP loans?
A: Yes, a business entity, including sole proprietors, independent contractors and some not-for-profit organizations can apply for both EIDL and PPP.
Q: If you qualify for a loan for $10k, will it be 100% forgivable?
A: The $10,000 advance on the EIDL is 100% forgivable. However, there is no guidance currently available as to requirements or timing for forgiveness.
Q: Does there have to be a COVID-19 disaster declaration in your state before you can apply for EIDL?
A: The EIDL is available on a nationwide basis now. You do not have to have a separate declaration by the State to apply.
Q: Is EIDL is personally guaranteed?
A: EIDL amounts under $200,000 do not require a personal guarantee.
Q Should we apply for the EIDL now, or wait till we actually have losses? (i.e. commercial real estate would anticipate a losing rents due to tenants unable to pay.) So should we apply now or wait a month or two when tenants unable to pay?
A: Apply now. The SBA will request additional documentation including explanation and demonstration of need when you are contacted.
Q: Can a 501C (6) get EIDL?
A: 501C(6) are now eligible for the EIDL only.
Q: Are there going to be P&I or interest only payments on PPP loan up until the point it is forgiven?
A: Principal and interest payments are deferred for six months after disbursement of loan proceeds under PPP. Loan amounts not forgiven will have a maximum amortization of 2 years and a maximum interest rate of 1%.
Q: Can anyone confirm at this time what constitutes forgivable?
A: There is current guidance related to the amount of the PPP loan that is forgivable. However, there is no guidance available related to how or when forgiveness will occur, or what documentation will be required to demonstrate compliance. Basically, the funds must be used to cover payroll costs and not more than 25% of the funds can be used to cover certain other allowable costs like rent, mortgage payments or utilities. We recommend that you carefully document the use of the funds and continue to monitor guidance related to forgiveness as it becomes available.
Q: Can you verify, the company paid health insurance benefit and the 401k match benefit should be individually calculated and added to each employee’s medicare wages?
A: Yes, to calculate payroll costs for the PPP, you should add the company paid portion of health insurance (including dental and vision) and the company contribution to 401k plans. The compensation component of total payroll costs is capped at $100,000 per individual employee. So, you should back out the excess wages or other qualified compensation for anyone included in the calculation with payroll costs over that cap amount.
Q: If “average monthly payroll” is based off 2019, but some have resigned at the end of the year, do you include their salary in the calculation? Likewise, what if you added employees in January or February of 2020?
A: The intention of the PPP loan is to retain your workforce by covering payroll costs for the 8 weeks following disbursement of the funds. Current guidance suggests that estimating average monthly payroll costs by using information from the prior year or the same period from the prior year or the most recent 12 months may be appropriate depending on specific circumstances and depending on the nature of your business. Your bank will ask you to provide supporting documentation to support the monthly payroll cost and may also ask for 941 forms to verify that information. Payroll costs include total medicare taxable compensation plus employer paid portion of insurance and 401k contributions.
Q: How are the number of employees calculated? Is it full-time equivalents or every employee, whether full-time or part-time, counts as 1?
A: The PPP loan application requires applicants to certify that documentation supporting the number of full-time equivalent employees as the payroll costs used to calculate the average monthly payroll underlying the amount of the loan requested. The number of employees reported on the application should represent the number of FTE employees used to compute the average monthly payroll costs.
Q: Banks are asking for documentation showing a total of all health insurance premiums paid for group health plan. What are companies providing that are self-insured?
A: The PPP allows you to include the employer portion of health insurance in payroll costs covered by the program. If you have a self-insured health plan in place, you may use actual historical information representing the employer paid portion of medical claims and premiums paid for stop loss coverage under the plan. You may estimate an average cost per FTE and use that amount to add to the calculation. Note that you will need to provide documentation supporting these costs if you include them in the calculation of average monthly payroll costs.
Q: Can you include temporary labor expenses when calculating your monthly average payroll costs?
A: In determining the number of FTE and wages for the calculation of payroll costs, all employees reported as such and included in wages for reporting payroll taxes on federal Form 941, other than those with primary residence outside the U.S. should be included. Independent contractors or outsourced/temporary workers who are not classified as employees for payroll tax purposes should be excluded.
Q: Can you include worker’s comp in the calculation of compensation on the PPP?
A: Yes. The calculation of payroll costs begins with gross wages. Current guidance indicates that gross wages includes: salary, wage, commissions or similar compensation; cash tips or equivalent; vacation, parental, family, medical or sick leave; dismissal or separation allowance; payment of any retirement benefit; payment of state or local taxes assessed on employee compensation subject to a cap of $100,000 per individual.
Q: Can guaranteed payments to LLC members be included in wages up to the $100,000?
A: Yes, guaranteed payments are the equivalent of compensation for certain types of organizations and can be included for the purpose of calculating average monthly payroll cost for the PPP.
Q: Are union payments for benefits and other fees included in payroll expenses for PPP?
A: The amount of union fringes that constitute health insurance and retirement benefits can be included in the calculation of payroll costs. Other fringe benefits, fees or costs for union employees may not be included.
For more details on the PPP, click here.
SP – 1099
Q: If a sole proprietor’s taxes have not been filed yet for 2019, can 2019 payroll numbers be used?
A: Yes. The payroll tax forms for 2019 should have been filed and available to support and verify wages paid in 2019 for calculation of payroll costs for the PPP loan.
Q: I’m a 1099 person that has no payroll. Do I do PPP or EIDL??? I can’t make any money and will not be able to pay bills.
A: The PPP loan amount is determined by payroll costs. If you are an independent contractor, your payroll costs may not have been paid to you in the form of a salary or wages. However you may still be eligible for the PPP loan based on 1099 payments you received. You may also be eligible for EIDL if you have lost revenue and can demonstrate need. You can apply for both programs.
Q: How can the EIDL help independent contractors?
A: The EIDL is available to independent contractors. This loan provides funds to cover working capital in the event of financial need. You may apply for this loan based on actual or expected losses and you may be required to provide information such as a financial forecast.
For more details on SBA Loans, visit Mueller Prost’s CARES Act landing page.