Essential Tips for Small Business Owners on the CARES Act
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As a result of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) passed by the Senate on Wednesday March 25, 2020 and passed by the House of Representatives and signed into law by the President on March 27, 2020 provides multiple avenues of relief to small businesses through programs administered by the Small Business Administration (SBA). This act allocates $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn.
I will begin by stating that because each business is different, every business should consider the various assistance programs available to determine which fit it best, including other programs and benefits available under the Family First Coronavirus Response Act and the CARES Act. In addition, some states may have their own loan, grant and incentive programs. Here are brief summaries of:
- Paycheck Protection Program (PPP),
- 7(a) SBA Loans,
- Economic Injury Disaster Loan Program (EIDL), and
- Loan Forgiveness Provisions.
If you wish to read all 880 pages of the full bill, be my guest! Read it here.
Paycheck Protection Program
The Paycheck Protection Program authorized by the CARES Act makes loans of up to $10 million available to certain qualified small businesses. These loans are intended to be forgivable if the borrower maintains employees and otherwise complies with the CARES Act. Congress has appropriated $349 billion for this program.
Who qualifies for the Paycheck Protection Program?
A qualified small businesses is a business that:
- Does not have more than 500 employees or the maximum number of employees specified in the current SBA size standards, whichever is greater; or
- If the business has more than one location and has more than 500 employees, does not have more than 500 employees at any one location and the business’ primary NAICS code starts with “72” (Accommodation and Food Service); or
- Is a franchisee holding a franchise listed on the SBA’s registry of approved franchise agreements; or
- Has received financing from a Small Business Investment Corporation.
- Sole proprietorships and self-employed individuals may qualify under this program. Additionally, the CARES Act makes certain nonprofit organizations (must be tax-exempt under Section 501(c)(3) of the Internal Revenue Code), qualified veterans organizations and certain Tribal business concerns eligible.
How much is the PPP Loan for?
The maximum amount of the loan is set by formula (average monthly payroll prior to the COVID-19 pandemic times 2.5 plus the amount of any other debt approved for refinancing, including any debt incurred as a result of COVID-19 under the EIDL Program), subject to a maximum of $10 million.
Other key provisions:
- Maximum interest rate of 4 percent per annum.
- Loans are made by SBA-approved lenders that have delegated authority to make the loans without approval from the SBA (no SBA Authorization required for each individual loan). This should help expedite the application and closing process.
- In reviewing the application, a lender has to evaluate whether the borrower was in business on February 15, 2020 and had employees and paid salaries and taxes or had independent contractors and filed 1099-MISC for them.
- Guarantee fees are waived (these are typically 2 percent-3.75 percent of the loan amount, depending on the size of the loan, and would otherwise be paid by the borrower).
- Loans are non-recourse to the borrower. In addition to waiving any guaranty that might otherwise be required by the Small Business Act, the CARES Act specifically provides each loan is nonrecourse to the shareholders, members and partners of the borrower.
- No “credit elsewhere test.” That is, the borrower does not have to demonstrate it was unable to secure financing elsewhere before qualifying for SBA financing.
- No collateral requirement.
- No prepayment penalties.
- Payments are deferred for six to 12 months.
- The applicant is required to certify:
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- Current uncertain economic times make the loan request necessary to support ongoing operations; and
- Funds will be used to keep workers and make payroll, mortgage payments, lease payments and utility payments; and
- Applicant does not already have an application pending for other payroll assistance under the CARES Act.
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NOTE: A loan under the Paycheck Protection Program makes the borrower ineligible for the Employee Retention Tax Credit made available under the CARES Act. This only applies to the Employee Retention Tax Credit in the CARES Act and does not apply to any credits available under the FFCRA (such as the paid sick leave tax credit) or other credits available under the CARES Act.
Economic Injury Disaster Loan Program
The CARES Act made several changes to the Economic Injury Disaster Loan (EIDL) Program under Section 7(b) of the Small Business Act and described in previously issued Alerts. As modified by the CARES Act:
- EIDL Loans are available to small businesses in a declared disaster area (all 50 states, Puerto Rico, Guam and the North Mariana Islands have all been declared disaster areas for purposes of the EIDL Program effective January 31, 2020) to cover economic injury resulting from the disaster (e.g., loss of revenue).
- EIDL Loans are processed directly through the SBA, although the SBA may determine to enlist the assistance of lenders for the processing and making of loans.
- EIDL Loans are available in a maximum amount of $2 million, carry an interest rate of 3.75 percent and have a maximum term of 30 years.
- Loans over $200,000 must be guaranteed by any owner having a 20 percent or greater interest in the applicant (the CARES Act removed the requirement for personal guarantees on loans under $200,000).
- The CARES Act also removed standard EIDL Program requirements that the borrower not be able to secure credit elsewhere or that the borrower have been in business for at least one year, as long as it was in operation on January 31, 2020.
- Applicant may request an expedited disbursement that is to be paid within three days of the request. The advance may not exceed $10,000 and must be used for authorized costs but is otherwise not repayable if the EIDL Loan is not approved.
NOTE: An applicant may receive an EIDL Loan and loans under other programs (such as the Paycheck Protection Program described below) as long as the basis for the loans/costs being paid with each are different (no “double-dipping”).
Traditional 7(a) SBA Loans
The Small Business Administration (SBA) 7(a) Loan Guarantee program is one of the most popular loan programs offered by the agency and is the basic SBA loan program. A 7(a) loan-guarantee is provided to lenders to make them more willing to lend money to small businesses with weaknesses in their loan applications.
For example, a business startup would not have cash flow history to provide a lender with the assurance of continued ability to pay back a loan, so the SBA 7(a) loan would serve to provide the lender with an increased guaranty against default. The SBA warns, though, that lenders do not have to accept 7(a) loans.
How Much Can You Get in an SBA 7(a) Loan?
SBA 7(a) loans are for a maximum of $2 million, with SBA loan guarantee of no more than $1.5 million (75%). The terms of SBA 7(a) loans are 25 years for real estate and equipment and seven years for working capital. Interest rates are based on the prime rate, the size of the loan, and the maturity of the loan.
Eligibility Requirements for a 7(a) Loan
Your business must be defined as a small business by the SBA to be eligible for the SAV 7(a) loan. You must be operating for profit within the U.S. or its possessions. You must have the resources to invest your assets in your business, and you must show that the loan is for a sound business purpose. Also, you must not be delinquent on any existing debt obligations to the U.S. government (such as student loans).
Most types of businesses are eligible, except for real estate and other speculative businesses, lending companies, pyramid sales companies, companies that engage in illegal activities, and those which are non-profit.
The 7(a) loans may be used for such business purposes as purchasing land or buildings, equipment, machinery or supplies; for long-term or short-term working capital; for refinancing; or for the purchase of an existing business.
Here is a more detailed list of terms that make a business eligible for an SBA 7(a) loan.
To get the loan, you will also need the typical documents for a business loan, including your personal financial statement and a business plan with financial statements.
How to Get an SBA 7(a) Loan
The SBA does not directly lend money to small businesses; it guarantees the loan, acting as a co-signer.
You must first find an SBA-approved lender and work through this lender. The lender will ask you to complete an application for a 7(a) loan, and you will work with the lender on the paperwork required by the SBA.
How Long Does It Take to Get an SBA 7(a) Loan?
It’s difficult to state specifically how long the loan process might take because each loan is unique. You might want to ask your lender about an SBAExpress loan, for a smaller amount, which has a faster turnaround time.
Robert Longley, U.S. Government Expert, says Express Loans and some other types of SBA loans may be funded within just a few days. To get started, contact your local SBA office and ask about lenders, or use the SBA’s LINC service that allows you to connect with potential lenders online.
For a side by side comparison of EIDL and 7(a) loans, read more here.
Loan Forgiveness Provisions
Under the CARES Act, small business loan borrowers will be eligible for loan forgiveness, both for new loans under the Paycheck Protection Program and for existing 7(a) loans.
For borrowers under the Paycheck Protection Program
The loan forgiveness will equal the amount spent by the borrower in the eight-week period after the loan origination date on the following items (not to exceed the original principal amount of the loan):
- payroll costs (not to exceed $100,000 of annualized compensation per employee); and
- payments of interest on any mortgage loan incurred prior to February 15, 2020; and
- payment of rent on any lease in force prior to February 15, 2020; and
- payment on any utility for which service began before February 15, 2020.
The amount forgiven is not considered taxable income to the borrower.
The amount forgiven will be reduced proportionally by any reduction in the number of employees retained as compared to the prior year. The proportional reduction in loan forgiveness also applies to reductions in the pay of any employee where the pay reduction exceeds 25 percent of the employee’s prior year compensation. A borrower will not be penalized by a reduction in the amount forgiven for termination of an employee made between February 15, 2020 and April 26, 2020, as long as the employee is rehired by June 30, 2020.
Any amount outstanding after considering the amount forgiven will be repayable over a term not to exceed 10 years. The borrower must apply to the lender for loan forgiveness with supporting documentation.
For borrowers with existing 7(a) or microloan program loans
The SBA will pay principal, interest, and any associated loan fees for a six-month period starting on the loan’s next payment due date. Payment on loans that are on deferment will begin with the first payment after the deferment period. Please note that this relief will not include loans made under the Paycheck Protection Program.
Note – This information is supplied to inform our clients and partners. The exact terms of loans are determined solely by the lender(s) and Molen & Associates can make no representation as to the accuracy or completeness of any information contained herein.
U.S. Chamber of Commerce Summary
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