Small business owners who took Paycheck Protection Program loans for less than $2 million will not face scrutiny from the U.S. Small Business Administration, even if the loan might not have been necessary.

While the CARES Act did not require borrowers to obtain credit elsewhere, small business owners had to certify on the PPP application that the loan was necessary. New SBA guidance announced Wednesday provides a safe harbor for business with loans less than $2 million.

These businesses “will be deemed to have made the required certification concerning the necessity of the loan request in good faith,” the SBA wrote in its most recent update to the frequently asked questions for the PPP.

“SBA has determined that this safe harbor is appropriate because borrowers with loans below this threshold are generally less likely to have had access to adequate sources of liquidity in the current economic environment than borrowers that obtained larger loans,” the SBA said. “This safe harbor will also promote economic certainty as PPP borrowers with more limited resources endeavor to retain and rehire employees.”

The move will also allow the agency to focus its auditing resources on larger loans, the SBA said.

For amounts exceeding $2 million, the SBA had previously said it would audit these loans. If a loan is identified as not being necessary, the SBA clarified on Wednesday that it would not “pursue administrative enforcement or referrals to other agencies” if the business owner repaid the loan.

Instead, the SBA will notify both the borrower and the lender that the loan is not eligible for forgiveness and must be repaid.

The SBA will still guarantee the loan even if it determines that the small business owner should not have certified that it was necessary.

Rather than waiting for an SBA audit, small businesses can return the loan by May 18 and still be considered to have certified the necessity of the loan in good faith. The SBA had originally extended the deadline to today.

Scrutiny of loans over $2 million comes in response to publicly traded companies and other large organizations with access to capital that have received PPP funding. Several of these companies have already returned their loans.

The move does not address concerns from some small retail businesses and restaurants that the PPP loan terms force them to spend the funds before they are needed most, when they are trying to reopen.

SBA Provides Safe Harbor on PPP Loans

by Diane McLaughlin time to read: 2 min
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