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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

Paycheck Protection Program (PPP) borrowers are advised to use at least 75% of PPP loan proceeds for payroll costs in order to avoid potential penalties. The current rules are unclear and details are slowly emerging, but the following is an updated overview of issues for you to consider.

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The PPP of the Coronavirus Aid, Relief and Economic Security Act (CARES Act) provides loans to small businesses. PPP loans may generally be used for:&nbsp;

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The Small Business Administration (SBA) requires borrowers to use at least 75% of PPP loan proceeds for payroll costs and no more than 25% of PPP loan proceeds for non-payroll costs.

Payroll costs consist of the following forms of compensation to employees: (i) salary, wages, commissions or similar compensation; (ii) cash tips or the equivalent; (iii) payment for vacation, parental, family, medical or sick leave; (iv)&nbsp;allowance for separation or dismissal; (v) payment for the provision of employee benefits consisting of group health care coverage, including insurance premiums and retirement; and (vi)&nbsp;payment of state and local taxes assessed on compensation of employees.

At this point it is unclear what penalties borrowers will face for failing to use at least 75% of the loan proceeds for payroll costs. Borrowers could be required to repay (potentially immediately) the amount of the loan used for non-payroll costs exceeding 25% of the total loan. Alternatively, borrowers who do not adhere to the 75/25 rule may be required to repay the entire amount of the loan.

To avoid potential penalties, the best practice is for borrowers to ensure that they use at least 75% of PPP loan proceeds for payrolls costs.

The rules surrounding PPP loan use and forgiveness are complex and business specific. If you have concerns about the rules, please contact <a href="http://wnj.com/people/ford-j-h-turrell" target="_blank" rel="noreferrer noopener">Ford Turrell</a>, <a href="http://wnj.com/people/timothy-hillegonds" target="_blank" rel="noreferrer noopener">Timothy Hillegonds</a>, <a href="http://wnj.com/people/rob-m-davies" target="_blank" rel="noreferrer noopener">Rob Davies</a>, <a href="http://wnj.com/people/matthew-m-crowe" target="_blank" rel="noreferrer noopener">Matthew Crowe</a> or your Warner attorney.

Financial Institutions

Partner

Matthew M. “Matt” Crowe

Rob M. Davies

Of Counsel

Timothy “Tim” Hillegonds

Ford J. H. Turrell

Corporate

Paycheck Protection Program: 75/25 Rule

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Paycheck Protection Program: 75/25 Rule

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