Mitigating forgiven PPP loan risk
I have been working on a few transactions in the staffing industry and have noticed a trend - owners keeping 90%+ of forgiven PPP funds in the form of distributions or balance sheet cash through a cash free, debt free structure. What are the best ways to mitigate risk, specifically that tied to an audit by the SBA / IRS? Are there ways to include a personal guarantee within the purchase agreement, etc? The challenge with holdbacks is that sellers are averse to them and then audit window is typically much longer than the holdback period. Thanks in advance for any insight around this!