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TAX TIME

                By Robert Bloink and William H. Byrnes




                Second-Draw PPP Loans: What Advisors

                Should Know


                Also, key pluses of the latest COVID-19 stimulus relief.




                       he year-end stimulus pack-
                       age allocated a new round
                Tof funding that also includes
                funds for “second draw” PPP  loans.
                Like the original loan program, these
                loans are issued  on relatively favor-
                able terms and can be forgiven if used
                for permitted purposes.
                  The Small Business Administration
                began accepting applications in January.
                Small-business  clients  that  need  addi-
                tional financial help may qualify for a
                second loan — but it’s important to pay
                close attention to the details, which
                have changed since the program was
                first created.

                QUALIFYING FOR SECOND-DRAW
                PPP LOANS
                As an initial matter, only businesses with   PPP  loan  even  if  they  haven’t  already   25% reduction by comparing annu-
                fewer than 300 employees qualify for a   spent  their  first-draw  loan  proceeds.   al  receipts  in  2020  to  2019.  Business
                second-draw PPP loan. The law created   However, the second-draw loan pro-  owners who elect to use this method
                an exception for hotels and restaurants   ceeds will not be disbursed until the   will be required to submit annual tax
                assigned an NAICS code beginning with   entire first-draw loan has been spent.  forms to verify the required decline.
                72  —  these  hard-hit  business  owners   The  business  must  also  demonstrate
                may qualify if they employ more than   at least a 25% reduction in gross receipts   DIFFERENCES BETWEEN PPP1 AND PPP2
                300 employees in the aggregate, as long   in any quarter of 2020, when compared   While second-draw PPP loans gener-
                as no more than 300 employees work in   with the same quarter in 2019. The   ally have the same terms and conditions
                any one location.                 SBA rules define “gross receipts” fairly   as first-draw loans, there are some key
                  The business must not be permanent-  broadly, to include all revenue from any   differences aside from the initial eli-
                ly closed (temporarily closed businesses   sources, including sales, interest, divi-  gibility requirements. First, a business
                may apply). Further, the business must   dends, rent, royalties, etc. The SBA has   can continue to receive up to 2.5 times
                have been in operation on Feb. 15, 2020,   also clarified  that amounts  that were   its average monthly payroll costs (3.5
                to qualify.                       forgiven  for the business’s  initial PPP   times for hospitality businesses), but all
                  To receive a second loan, the busi-  loan are not included in gross receipts   second-draw PPP loans are capped at a
                ness must have fully exhausted the   for 2020.                      firm $2 million (rather than $10 million
                initial PPP loan proceeds and the pro-  Recognizing that very small busi-  for first-draw loans).
                ceeds must have been spent on eligible   nesses might not have quarterly   Second-draw borrowers are required
                expenses like employee wages, rent and   information readily available, if   to prove the required revenue reduc-  photo_gonzo/Shutterstock
                employee health insurance costs.   the business existed for all of 2019,   tion — while first-draw borrowers were
                  Note that small-business clients are   the SBA will allow the business to   generally required only to make a good-
                permitted to apply for a second-draw   determine whether it experienced a   faith certification. Borrowers who



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