Call it PPP federal rescue loans, Version 2.

For design and construction firms still struggling with the economic uncertainties brought on by the COVID-19 pandemic, the rules of the federal Paycheck Protection Program will be clearer in its revision.

The loans are covered by a federal year-end legislative package that provides funding for a $284.6-billion second draw.

After Congress pushed through the initial $659-billion forgivable loan program in April with limited details, many construction companies grew frustrated as the guidance trolled out over the following months, including some onerous provisions, says Jimmy Christianson, vice president of government relations at Associated General Contractors of America.

But after nearly eight months of working through the program, he says the new effort will offer a lot more clarity about the application process.

“There’s a lot less of a guessing game this time, a lot less worries that someone could play gotcha,” he says.

Last month, AGC sued the U.S. Small Business Administration over its changing the rules governing the loans in the first draw. Construction-related companies were the most numerous borrowers in the first round.

解决的一个主要问题是，该计划现在允许使用宽恕的PPP贷款基金支付的业务费用充分利用，克里斯蒂安森说，这推翻了以前的美国国税局在此类费用上的职位。AGC估计，以前的IRS指南代表一些借款人的税收增加37％。

购买力平价贷款宽恕eligib费用类别ility were also expanded, including worker protection expenditures related to the pandemic, such as personal protection equipment. Expenditures related to remote work, such as software and cloud services, are also covered. Christianson notes that these modifications are retroactive, applying to the first draw as well.

但是，申请人比第一个计划更加清晰，还面临更严格的资格要求。公司将需要证明，与2019年的同一季度相比，他们在2020年的任何季度的总收入收入下降了25％。

William S. Durr, attorney at Ward and Smith, notes that the loan amount may be up to 2.5 times the average monthly payroll costs in one year prior to loan application or the calendar year. There will also be a continuation of the previous 60/40 allocation between payroll and non-payroll costs in order to receive full forgiveness.

修订后的PPP还削减了允许参与300名员工或更少员工的公司的规模。—从500限额中划分。总贷款金额也限制为200万美元，低于以前的500万美元。

此外，寻求少于150,000美元的贷款的公司必须填写简化的一页贷款宽恕认证表。修订后的计划专门为拥有10名或更少员工的借款人拨出250亿美元。

Significant PPP Loan Changes Made

Jack Callahan, a partner in accountant CohnReznick’s construction practice, says the second draw marks a significant improvement for small business and those in underserved communities.

他说：“较小的承包商被锁定在该计划中始终是一个很大的问题。”他补充说：“他们无法进入银行的排队。”与曾经填写可以迅速完成政府机构表格的大型公司相比，许多人缺乏批准过程。

会计师事务所Marcum国家建设集团的税务负责人Barry Fischman还指出，上市公司以及某些拥有超过20％外国所有权的公司都不符合资格。

他说：“我们已经看到很多外国承包商希望在美国站起来。”该计划专门呼吁中国的投资。“这些公司可能会被淘汰。”

尽管修订后的PPP提供了较小的资金库，但克里斯蒂安森说，他希望建筑公司之间的参与度更高。

他说：“这是一个不同的时期，现在是不同的心态。”“没有人知道该计划首次问世时四月的未来会怎样。没有人知道企业是否会运营。我们没有疫苗。那是一个截然不同的时间。”

Still, Jim Hazel, shareholder at accounting firm Elliott Davis, expects many contractors that were hesitant to apply for the first round may now decide to participate in the second. “Some were hesitant to take the funds because they didn’t know what to expect,” he adds. “Now they have a little more hindsight. There’s a better sense of what we’re experiencing and what the implications are down the road. So maybe now they can justify the application for the loan.”

Durr notes that some firms returned all or part of their initial PPP loans, but those firms will be allowed to reapply.

“Do not let this opportunity pass you by,” he says. “Take the time to reconsider, review and re-analyze your eligibility in the context of current SBA rules and guidance.”

尽管修订后的计划已经回答了许多挥之不去的问题，但杜尔说，国会任务SBA提供了更详细的指导。

“I am hopeful that the SBA will draft new and additional rules and guidance with a heightened level of thought and precision, to reduce the struggles and frustration our clients experienced with the first round's rules and guidance.”

Lawsuit Over Forgiveness Rules

AGC saw some progress in its argument with SBA over rules almost immediately after filing its lawsuit against the agency and the U.S. Office of Management and Budget in U.S. District Court for the District of Columbia, on Dec. 8.

AGC was seeking to prompt a language change in the questionnaire used to evaluate if applicants are eligible to have PPP loans forgiven; one day later, SBA issued added guidance related to the document.

The agency said on Dec. 9 that in reviewing a company's good-faith certification that "economic uncertainty" made the PPP loan necessary to support the borrower's "continuing operations," it would look at the applicant's "individual circumstances."

[View SBA Dec. 9 guidancehere。See p. 19, Question and Answer #53.]

AGC'slawsuitcontends that the group “is challenging the legality of the questionnaire and the legal adequacy of the process undertaken by both SBA and OMB in developing, approving and publishing the questionnaire for use.”

The group says that the filing deals with “the manner by which SBA is now making its forgiveness determinations and even second-guessing borrower eligibility for PPP loans in the first place.”

AGC发言人Brian Turmail在一封电子邮件中表示，SBA的新指导“鼓励”该协会“鼓励”该协会。新利luck但是他补充说，“我们的诉讼保持活跃”，而它寻求“额外的澄清和保证”，“该机构将根据贷款申请时的条件，而不是在...”之后对宽恕申请进行审查。”