IMPORTANT UPDATE – PPP Loan ProgramMay 13, 2020Today (May 13, 2020) the Department of the Treasury updated their Frequently Asked Questions regarding the Paycheck Protection Program. FAQ #46 has been added to the existing FAQ’s to help clarify the potential audit risk for PPP borrowers. The PPP loan application requires that the borrower certify in good faith, among other assertions, that “current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” Within previous guidance released, it was revealed that PPP borrowers may be subject to subsequent audits to verify that this certification was made in good faith and the business did, in fact, need to request the loan. This included analyzing other sources of available liquidity to determine if the business had other reasonable sources to support ongoing operations. If determined that the certification was inappropriate, it’s presumed the borrower would be required to return all loan proceeds plus interest. However, it was unclear if such a borrower could also be subject to civil or criminal penalties for this deemed false assertion. Below are a few key takeaways:
There are still several questions that have yet to be answered, including the expected time frame of SBA audits, which agency or agencies will be performing these audits, and to what scope certain civil or criminal penalties may apply if a borrower does not meet the safe harbor, falsifies other claims or amounts, or does not return the loan upon notification from the SBA. However this update should give significant comfort to any businesses that have already received a PPP loan or are considering applying for one, especially if they meet the safe harbor requirements above. Please contact us if you need any assistance or have additional questions. |
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