Starting today businesses can go to a participating SBA 7(a) lender, bank, or credit union, apply for a loan, and be approved on the same day. The loans will be forgiven as long as the funds are used to keep employees on the payroll and for certain other expenses.
The program will provide capital to businesses without collateral requirements, personal guarantees, or SBA fees. All loan payments will be deferred for six months. Most importantly, the SBA will forgive the portion of the loan proceeds that are used to cover the first eight weeks of payroll costs, rent, utilities, and mortgage interest.
The new loan program will be available retroactive from Feb. 15, 2020, so employers can rehire their recently laid-off employees through June 30, 2020.
LOAN TERMS & CONDITIONS:
All businesses, including non-profits, Veterans organizations, Tribal concerns, sole proprietorships, self-employed individuals, and independent contractors, with 500 or fewer employees, or no greater than the number of employees set by the SBA as the size standard for certain industries are eligible.
Maximum loan amount up to $10 million
Loan forgiveness if proceeds used for payroll costs and other designated business operating expenses in the 8 weeks following the date of loan origination (due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs)
All loans under this program will have the following identical features:
Interest rate of 0.5%
Maturity of 2 years
First payment deferred for six months
100% guarantee by SBA
No personal guarantees
No borrower or lender fees payable to SBA
Principal amounts on PPP loans, for the first 8-week period from when the PPP Loan is made, may be forgiven, if loan funds are used to cover payroll costs, interest payments on mortgages (not including prepayments or principal), rent and utilities.
The amount of a PPP loan that may be forgiven cannot exceed the principal amount of the loan. The amount forgiven will be reduced proportionally by any reduction in employees retained compared to the prior year and reduced by the reduction in pay of any employee beyond 25 percent of their prior year compensation. Payroll costs are capped at $100,000 on an annualized basis for each employee.
To encourage employers to rehire any employees who have already been laid off due to the COVID-19 crisis, borrowers that re-hire workers previously laid off will not be penalized for having a reduced payroll at the beginning of the period.
The Act also directs the SBA to issue guidance and regulations implementing the PPP Loan forgiveness provisions within 30 days.
The bill defines eligibility for these loans as a small business, 501(c)(3) or 501(a) nonprofit, a 501(c)(19) veteran’s organization, or Tribal business concern described in section 31(b)(2)(C) of the Small Business Act with not more than 500 employees, or the applicable size standard for the industry as provided by SBA, if higher.
Sole-proprietors, independent contractors, and other self-employed individuals as eligible for loans and allows businesses with more than one physical location that employs no more than 500 employees per physical location in certain industries, mainly franchise and food services, are also eligible.
The bill requires eligible borrowers to make a good faith certification that the loan is necessary due to the uncertainty of current economic conditions caused by COVID-19, and that they will use the funds to retain workers and maintain payroll, lease, and utility payments.
Borrowers also must not be receiving duplicative funds for the same uses from another SBA program and participation in a PPP loan excludes businesses from taking advantage of tax programs included in the CARES Act to prevent double dipping into these federal programs.
SBA-certified lenders are only required to determine whether a business was operational on February 15, 2020, and had employees for whom it paid salaries and payroll taxes for eligibility in the PPP.
The Paycheck Protection Program is specifically designed to help small businesses keep their workforce employed. Visit SBA.gov/Coronavirus for more information on the Paycheck Protection Program. Visit treasury.gov/cares for more information on SBA’s assistance to small businesses.