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Options for businesses seeking SBA relief

From the NC Small Business and Technology Development Center

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law on March 27, allocates $349 billion to help small businesses keep workers employed amid the current circumstances they are encountering.

The CARES Act provides funding for the Paycheck Protection Program, modifies the existing Emergency Injury Disaster Loan program and provides immediate loan payment relief for current SBA 7(a) borrowers. The following is an overview of the key components of and eligibility requirements of these programs.

Economic Injury Disaster Loan

Up to $2 million can be provided to help meet financial obligations and operating expenses that could have been met if the disaster did not occur. Loans can be made based solely on credit scores. The interest rate on EIDLs will be 3.75% interest rate for small businesses. The first twelve payments will be deferred and not become due until one year after the original disbursement. Interest does accrue during this time. The term of these loans will be up to 30 years. Businesses with 500 employees or fewer are eligible.

7(a) Loan Payment Relief

SBA will pay the principal, interest, and any associated fees owed on 7(a) loans as follows:

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Existing borrower not on deferment: six months beginning with the next payment due on the loan;

Existing borrower on deferment: six months of payments beginning with the next payment due on the loan after the deferment period; and

New borrower: six months of payments beginning with the first payment due on the loan, but only for new loans made within the first six months starting from March 27.

Economic Injury Disaster Loan Advance

For those that apply for the Economic Injury Disaster Loan, an advance of up to $10,000 will be provided to small businesses within several days of applying for the loan. The advance does not need to be repaid, even if the grantee is subsequently denied an EIDL.

Funds can be used to provide paid sick leave to employees, maintain payroll, meet increased production costs due to supply chain disruptions or pay business obligations, including debts, rent and mortgage payments.

Advances are available to small businesses, sole proprietors, independent contractors, tribal businesses, as well as cooperatives and employee-owned businesses in operation on Jan.31.

Small Business Paycheck Protection Program

The Paycheck Protection Program is a new $349 billion lending program under the existing SBA 7(a) program. The SBA guarantee of PPP loans will be 100% through the end of 2020. PPP loan payments will be deferred for a minimum of six and up to 12 months.

Loans will be administered through local and regional banks. Any federally regulated bank may become an SBA lender for this purpose. The Department of the Treasury will issue regulations for these loans quickly. The interest rate will not exceed 4%. The rate is currently fixed at 0.5%.

Loans of up to $10 million are available. Loan amounts are based on recent payroll costs, compensation paid to individuals, including the self-employed. Compensation in excess of $100,000 a year to any individual is excluded.

The business must certify the loan will be used to retain workers, maintain payroll, make mortgage or lease payments and pay utilities. Loans may be forgiven, up to an amount equaling eligible payroll, mortgage interest, rent and utility cost, incurred during the 8-week period starting from loan origination. Compensation in excess of $100,000 a year to any individual will not qualify for forgiveness.

Loan forgiveness is reduced by layoffs or pay reductions in excess of 25%. Loan forgiveness is not treated as taxable income.

Small businesses as defined by SBA size standards are eligible, generally up to 500 employees, but up to 1,500 employees, depending on the sector as certain sectors are based on revenue. Sole proprietors, the self-employed, and independent contractors are also eligible.