A critical deadline is approaching for many of the businesses that have received loans under the 薪水保护计划 (购买力平价)，由国家统计局于2020年3月创立 关心行为. 如果这些借款人在截止日期前不采取行动, 他们的贷款将成为标准贷款, and the borrowers could be responsible for repaying the full amount plus 1% interest before the maturity date. 此外，一些借款人可能面临审计.
购买力平价基础知识
购买力平价贷款通常是100%可原谅的，如果 the borrower allocates the funds on a 60/40 basis between payroll and eligible nonpayroll costs. 非工资成本最初只包括抵押贷款利息, 租金, 公用事业公司, 以及其他现有债务的利息, 但是, 综合拨款法案 (创新艺人经纪公司), enacted in late 2020, significantly expanded the eligible nonpayroll costs. 例如, the funds can be applied to certain operating expenses and worker protection expenses.
The 创新艺人经纪公司 also withdrew the original requirement that borrowers deduct the amount of any Small Business Administration (小企业管理局) Economic Injury Disaster Loan (EIDL) advance from their 购买力平价 forgiveness amount. And it provides that a borrower doesn’t need to include any forgiven amounts in its gross income and can deduct otherwise deductible expenses paid for with forgiven 购买力平价 proceeds.
宽恕申请
购买力平价 borrowers can apply for forgiveness at any time before their loans’ maturity date (loans made before June 5, 2020, 通常有两年的期限, 而在这一天或之后发放的贷款期限为5年). 但, if a borrower doesn’t apply for forgiveness within 10 months after the last day of the “covered period” — the eight-to-24 weeks following disbursement during which the funds must be used — its 购买力平价 loan payments will no longer be deferred and it must begin making payments to its lender.
That 10-month period is coming to an end for many so-called “first-draw” borrowers. 例如, a business that applied early in the program might have a covered period that ended on October 30, 2020. It would need to apply for forgiveness by August 30, 2021, to avoid loan repayment responsibilities.
借贷者通过向借贷者提交表格申请减免, 然后谁把这些表格提交给小企业管理局. The specific type of form needed to be filed is dependent on the amount of the loan and whether a business is a sole proprietor, 独立的承包商, 或者是没有雇员的个体经营者.
如果小企业管理局不减免贷款或只减免部分贷款, 贷款人将在第一笔还款到期日通知借款人. Interest accrues during the time from the disbursement of the loan proceeds to 小企业管理局 remittance to the lender of the forgiven amount, 借款人必须支付任何未被免除的款项的应计利息.
Some businesses may have delayed filing their forgiveness applications to maximize their employee retention tax credits. 这是因为3月12日后支付了合格的工资, 2020, 在12月31日, 2021, that are taken into account for purposes of calculating the credit amount can’t be included when calculating eligible payroll costs for 购买力平价 loan forgiveness. These businesses should pay careful attention to when their 10-month period expires to avoid triggering loan repayment.
审计的行动
Borrowers also should be aware of the possibility that they’ll be 审计ed by the 小企业管理局’s Office of Inspector General, 得到了国税局和其他联邦机构的支持. The 小企业管理局 will automatically 审计 every loan that’s more than $2 million after the borrower applies for forgiveness, 但小额贷款可能要接受审查, 太.
Although the 小企业管理局 has established an 审计 safe harbor for loans of $2 million or less, that carveout applies only to the examination of the borrower’s good faith certification on the loan application that the “cur租金 economic uncertainty makes the loan request necessary to support the ongoing operations” of the business. The 小企业管理局 also recently notified lenders that it’s eliminating the loan necessity requirement for loans of more than $2 million. Those borrowers will no longer need to complete a burdensome Loan Necessity Questionnaire.
所有的借款人, 然而, 仍然可能在资格(例如)等问题上被审计, 员工人数), 贷款金额的计算, 这些资金是如何使用的. Borrowers that receive adverse 审计 findings may be required to repay their loans and, 取决于发现的错误, could face civil penalties and prosecution under the federal False Claims Act.
Businesses that received loans of more than $2 million shouldn’t wait to prepare for their 审计s. They can begin to work with their CPAs now to gather and organize the documents and information that 审计ors are likely to request, 包括:
- 财务报表,
- 收入和就业税申报表，
- 在适用的缴费期间内所有缴费期间的工资记录，
- 计算全职等效员工，和
- 与资金使用方式相关的银行和其他记录(例如, 取消检查, 水电费, 租契及按揭报表).
Note that some of this documentation will overlap with that required when filing the application for loan forgiveness.
现在就行动
企业几乎总是有很多事情要处理, so it’s not surprising that some might not have been laser-focused on the various dates relevant to their 购买力平价 loans. Now is the time to ensure that you file your forgiveness application in a timely manner and have the necessary documentation gathered to survive the 小企业管理局 审计 that may follow. OG真人寻求帮助.
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