PROTECTING SMALL BUSINESS, PROMOTING ENTREPRENEURSHIP

COVID-19 Small Business Resources for PPP/EIDL/SVOG & More (Updated April 9, 2021)

By at 9 April, 2021, 7:00 am

UPDATED April 9, 2021  

By Karen Kerrigan-

The effects of the COVID-19 have hit small businesses especially hard. Of course, certain state and local governments continue to place restrictions on business activity and public mobility. Sluggish demand continues to impact revenues, which is taking a toll on jobs and business viability. Let’s hope that mitigation strategies and the new vaccines will allow our nation to fully get back to business.

This page, updated frequently, includes resources and important information from key government agencies (CDC, SBA, IRS/U.S. Treasury, DOL and EEOC), and details/changes to CARES Act provisions affecting the PPP and EDIL loan programs, as well as specific relief and provisions provided within the latest spending and “stimulus” package signed by the President on December 27, 2020.

Uncertainty continues to persist about how long economic activity will be restricted (as this varies by state and sectors), but we know small business owners and their employees are resilient and innovative.

Business owners can play a key role in building confidence and promoting safety by communicating with employees and customers about what they are doing to ensure products and services are being delivered in clean and hygienic manner, and what owners are doing in their own “small” way to mitigate the virus’s spread and keep workers healthy and safe.  The cumulative actions of millions of small businesses are a having a positive impact on re-building consumer confidence.  Those actions will also play a critical role in building confidence among public officials as the economy continues to open on an incremental and state-by-state basis.

Year-End (2020) Spending and Tax Package: COVID-19 Relief Tax Modifications, Extensions and Provisions Made Permanent in Legislation Signed on December 27, 2020 

The Consolidated Appropriations Act, 2021, which was signed into law on December 27, 2020, contains financial assistance to businesses as well as various tax breaks. In a Small Business Insider blog post, key provisions that small business owners need to know about are covered that may provide relief and a cash-flow cushion. Read more about key provisions here.

Feel free to share resources, articles of interest, or tips that we can include on this page. Please send them to info@sbecouncil.org.

Shuttered Venue Operators Grant (SVOG) Portal Opens April 8! (UPDATE on April 9 – Portal Remains Closed Due to Technical Issues)

Make sure you have completed all the documents correctly! (see information and links below).

The Latest from the SBA on the SVOG Portal’s Temporary Shut Down: “The Shuttered Venue Operators Grant application portal remains temporarily suspended through the weekend of April 9 while we work to resolve technical issues. We can confirm we did not accept any applications or distribute any funding. When a reopening date is determined, we’ll provide updates in advance so that applicants have time to prepare.” 

The SVOG program (for operators of live venues, live performing arts organizations, museums and movie theatres, as well as live venue promoters, theatrical producers and talent representatives) was appropriated more than $16.2 billion for grants via the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act and the American Rescue Plan Act. Of these funds, at least $2 billion is reserved for eligible SVOG applications with up to 50 full-time employees. Eligible applicants may qualify for grants equal to 45% of their gross earned revenue up to a maximum amount of $10 million for a single grant.

Award Process and Eligibility: SBA is accepting SVOG applications on a first-in, first-out basis and allocating applicants to respective priority periods as it receives applications. The first 14 days of SVOG awards, which are expected to begin in late April, will be dedicated to entities that suffered a 90% or greater revenue loss between April and December 2020 due to the COVID-19 pandemic. The second 14 days (days 15-28) will include entities that suffered a 70% or greater revenue loss between April and December 2020. Following those periods, SVOG awards will include entities that suffered a 25% or greater revenue loss between one quarter of 2019 and the corresponding quarter of 2020.

Prior to the opening tomorrow for SVOG applications, the SBA has hosted a national informational webinar (archived recording) to highlight the application process for potential eligible entities. The agency also  provided recurrent program updates and information via frequently asked questions, additional video tutorials, an application checklist and eligibility requirements through SBA’s dedicated SVOG website – www.sba.gov/svogrant – and targeted outreach to potential applicants.

Important:  There is a specific Form 4506-T to use with the SVOG application. The SBA has produced a video with instructions on how to complete the form.

NEW on March 24: EIDL Cap Increased to $500,000

On March 24, SBA announced it is increasing the maximum amount that small businesses and non-profit organizations can borrow through the COVID-19 Economic Injury Disaster Loan (EIDL) starting the week of April 6, from 6-months of economic injury with a maximum loan amount of $150,000 to up to 24-months of economic injury with a maximum loan amount of $500,000.  As noted in a press release regarding the program an eligibility:

Businesses that receive a loan subject to the current limits do not need to submit a request for an increase at this time.  SBA will reach out directly via email and provide more details about how businesses can request an increase closer to the April 6 implementation date.  Any new loan applications and any loans in process when the new loan limits are implemented will automatically be considered for loans covering 24 months of economic injury up to a maximum of $500,000.

Reminder: EIDL Deferment Period Extension

On March 16, SBA extended the deferment period on all COVID-19 EIDL and other disaster loans until 2022:

● All SBA disaster loans made in calendar year 2020, including COVID-19 EIDL, will have a first payment due date extended from 12-months to 24-months from the date of the note.

● All SBA disaster loans made in calendar year 2021, including COVID-19 EIDL, will have a first payment due date extended from 12-months to 18-months from the date of the note.

NEW on March 19: SBA Launches Portal to Begin Accepting Shuttered Venue Operators Grant Applications on April 8

On March 19, SBA launched a splash page for the Shuttered Venue Operators Grant (SVOG) application portal in anticipation of opening applications for the much-anticipated critical economic relief program on Thursday, April 8, 2021.

Webinar on March 30: Prior to the official SVOG application opening, the SBA will host a national informational webinar to highlight the application process for potential eligible entities from 2:30 to 4 p.m. ET on Tuesday, March 30, 2021. Those interested in participating can register here.

NEW on March 13: Updated FAQ’s from the SBA on PPP

On March 13, SBA updated its FAQs for how to calculate maximum loan amounts for first draw PPP loans and how to calculate revenue reduction and maximum loan amounts for second draw PPP loans on March 12, 2021.

NEW on March 12: Extended Deferment Period for All COVID-19 EIDL and Other Disaster Loans (until 2022)

On March 12, the SBA announced extended deferment periods for all disaster loans, including the EIDL program, until 2022:

● All SBA disaster loans made in calendar year 2020, including COVID-19 EIDL, will have a first payment due date extended from 12-months to 24-months from the date of the note.

● All SBA disaster loans made in calendar year 2021, including COVID-19 EIDL, will have a first payment due date extended from 12-months to 18-months from the date of the note.

Existing SBA disaster loans approved prior to 2020 in regular servicing status as of March 1, 2020, received an automatic deferment of principal and interest payments through December 31, 2020. This initial deferment period was subsequently extended through March 31, 2021. An additional 12-month deferment of principal and interest payments will be automatically granted to these borrowers. Borrowers will resume their regular payment schedule with the payment immediately preceding March 31, 2022, unless the borrower voluntarily continues to make payments while on deferment. It is important to note that the interest will continue to accrue on the outstanding balance of the loan throughout the duration of the deferment.

NEW on March 12: Shuttered Venues Operating Grant (SVOG)

On March 12, SBA updated its SVOG FAQs. The new or updated answers are marked with an “*,” which includes eligibility information if applicants also applied for a First Draw or Second Draw PPP loan on or after December 27, 2020, what may disqualify an entity from SVOG eligibility generally, and several other important FAQs about eligibility and other COVID relief programs.

NEW on March 5: The SBA updated its PPP FAQs to include changes made by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act enacted on December 27, 2020.

NEW on March 3: PPP Interim Final Rule on Recent Changes

Business Loan Program Temporary Changes; Paycheck Protection Program – Revisions to Loan Amount Calculation and Eligibility

This interim final rule allows individuals who file an IRS Form 1040, Schedule C to calculate their maximum loan amount using gross income, removes the eligibility restriction that prevents businesses with owners who have non-financial fraud felony convictions in the last year from obtaining PPP loans, and removes the eligibility restriction that prevents businesses with owners who are delinquent or in default on their Federal student loans from obtaining PPP loans.

The agency also released a new PPP application – SBA Form 2483-C, Paycheck Protection Program Borrower Application Form for Schedule C Filers Using Gross Income.

SBA Slide Deck on the Latest PPP Revisions

 

NEW on March 1: IRS Guidance on the Employee Retention Tax Credit Under Section 2301 of the Coronavirus Aid, Relief and Economic Security Act (the Relief Act)

The bulk of this IRS Guidance provides a summary of the relevant provisions of section 2301 of the CARES Act, as amended by section 206 of the Relief Act, as they apply to qualified wages paid in 2020 and claiming the employee retention credit (ERC) for 2020.  Notice 2021-20 only address the ERC for 2020, and the IRS plans to release additional ERC guidance soon for 2021.

 

NEW: On February 22, President Biden announced several updates to PPP, including:

● A 14-day period, starting February 24, during which only businesses with fewer than 20 employees can apply for relief. (PPP is slated to end March 31. 2021.)

A revision to the loan calculation formula for sole proprietors, independent contractors, and self-employed individuals to ensure appropriate levels of relief are received. Plus, a $1 billion set aside for businesses in this category without employees located in low- and moderate-income (LMI) areas.

The elimination of two exclusionary restrictions that prevented those with student loan delinquency or financial fraud from accessing the program.

● Access for non-citizen small business owners who are lawful U.S. residents by clarifying that they may use Individual Taxpayer Identification Numbers (ITINs) to apply for relief.

Read the full changes here.

WEBINARS ON NEW PPP CHANGES: Starting on March 3 – Updates for Your Small Business

The SBA has some key changes to the Paycheck Protection Program (PPP) which will be available for a limited amount of time to ensure America’s smallest businesses get exclusive access. For more information or to register: https://loom.ly/9-dT52E

 

NEW: Cross Program Eligibility on SBA Coronavirus Relief Options

A summary of criteria that must be met when considering different funding options

The SBA put together a matrix that compares the Paycheck Protection Program (PPP), Shuttered Venue Operators Grant (SVOG) and the COVID-19 Economic Injury Disaster Loan (EIDL) eligibility. This matrix is designed to help you decide what is best for your small business.

 

NEW on February 1, 2021: Targeted EIDL FAQs

Looking for more information about the Targeted EIDL Advance? On February 1, the SBA added new frequently asked questions, which includes information about the application process, eligibility and program criteria.

 

NEW on January 29, 2021: OHSA Issues New COVID-19 Workplace Guidance for Employers

“Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace”

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers…OSHA will update the guidance over time “to reflect developments in science, best practices, and standards.”

 

UPDATED January 28, 2021: COVID-19 Related Tax Credits for Required Paid Leave Provided by Small and Mid Size Businesses FAQs

On January 28, the IRS updated its FAQs for sick leave tax credits to incorporate changes made by the Consolidated Appropriations Act, 2021. The date each FAQ were updated is included under the tab to each section (such as “What is an Eligible Employer.”)

 

NEW on January 28: FAQ’s on Shuttered Venue Operators Grant Program

Looking for more information about the Shuttered Venue Operators Grant Program? On January 28, 2021, the SBA added a new frequently asked questions which includes information about eligibility, application, use of funds and more.

 

Reminder from SBA (Jan. 23, 2021)First Draw PPP Loans Under Review May Be Delayed Getting Second Draw PPP Loan Number

As described in SBA’s interim final rule on SBA Loan Review Procedures and Related Borrower and Lender Responsibilities, SBA may review any PPP loan, of any size, at any time, as the Administrator deems appropriate.  If a borrower’s First Draw PPP Loan is under review by SBA for any reason, including if information in SBA’s possession indicates that the borrower may have been ineligible for the First Draw PPP Loan it received or for the loan amount it received, the lender will receive notification from SBA when the lender submits an application for a guaranty of a Second Draw PPP Loan, and will not receive an SBA loan number until the issue related to the unresolved borrower’s First Draw PPP Loan is resolved.  SBA is working to improve the information provided to lenders about the issues and how lenders can help clear issues as expeditiously as possible.

Reminder: Second Draw loan applications require an SBA loan number used for the First Draw PPP loan that was originated in 2020.  Please verify that the applicant has the correct SBA loan number, and the correct Borrower TIN to assure that the portal can match up the two loans.

Recap of Recent SBA/Treasury Guidance Issued:

Second Draw Paycheck Protection Program (PPP) Loans:  How to Calculate Revenue Reduction and Maximum Loan Amounts Including What Documentation to Provide (Released 1/19/2021) provides detailed information regarding calculating and documenting the mandatory 25% reduction in revenues and maximum loan amount.

PPP: How to Calculate Maximum Loan Amounts for First Draw Loans  and What Documents to Provide (sba.gov) (released 1/17/2021) provides updated guidance, by business type, regarding calculating  and documenting payroll costs in order to determine the maximum amount of a First Draw loan.

Interim Final Rule: Loan Forgiveness Requirements and Loan Review Procedures as Amended by Economic Aid Act (01-19-21)

LOAN FORGIVENESS APPLICATION FORMS

PPP LOAN FORGIVENESS APPLICATION FORM 3508 (REVISED 1/19/21)

PPP LOAN FORGIVENESS APPLICATION FORM 3508EZ (REVISED 1/19/21)

PPP LOAN FORGIVENESS APPLICATION FORM 3508S (REVISED 1/19/21)

DISCLOSURE FORM 3508D

BORROWER’S DISCLOSURE OF CERTAIN CONTROLLING INTERESTS FORM 3508D (RELEASED 1/19/2021).THE 3508-D ONLY NEEDS TO BE COMPLETED BY BORROWERS THAT RECEIVED A PPP LOAN BEFORE 12/27/20 AND WERE DIRECTLY OR INDIRECTLY CONTROLLED BY CERTAIN GOVERNMENT OFFICIALS (PRESIDENT, VP, MEMBER OF CONGRESS, HEAD OF EXECUTIVE DEPARTMENT AND THEIR SPOUSES) AT THE TIME THE LOAN WAS MADE.

 

NEW GUIDANCE: On January 17, SBA Released the Guidance“How to calculate First Draw Paycheck Protection Program loan amounts and what documentation to provide – by business type.”

The guidance describes payroll costs using calendar year 2019 as the reference period for payroll costs used to calculate loan amounts. However, borrowers are permitted to use payroll costs from either calendar year 2019 or calendar year 2020 for their First Draw PPP Loan amount calculation. 2 Documentation, including IRS forms, must be supplied for the selected reference period. Access the guidance document here.

 

NEW PPP Update – Sunday,  January 17, 2021

SBA, in consultation with the Treasury Department, has recently released additional PPP guidance and resources:

Procedural Notice – PPP Borrower Resubmissions of Loan Forgiveness Applications Using Form 3508S, Lender Notice Responsibilities to PPP Borrowers, and Offset of Remittances to Lender for Lender Debts (Released 1/15/21)

Procedural Notice – Paycheck Protection Program Excess Loan Amount Errors (Released 1/15/21)

Helpful Reminder for This Round of PPP – Make sure the PPP First Draw Loan number is included in the Second Draw PPP Loan application

As part of the Second Draw Borrower application, Applicants must enter the SBA loan number of the First Draw PPP loan (i.e. the loan that was originated in 2020).  SBA loan numbers have the following format to help borrowers identify the SBA loan number of their first PPP loan: XXXXXXXX-XX (i.e. eight numbers followed by a dash and then two more numbers).   PPP lenders should make SBA loan numbers easily accessible to their borrowers.

 

NEW: PPP Opening to More Lenders on 1/15, and All Participating Lenders on January 19

On January 14, SBA announced it will re-open the Paycheck Protection Program (PPP) loan portal to PPP-eligible lenders with $1 billion or less in assets for First and Second Draw applications on Friday, January 15, 2021 at 9 am ET.

The portal will fully open on Tuesday, January 19, 2021 to all participating PPP lenders to submit First and Second Draw loan applications to SBA.

According to the agency: “SBA will continue its emphasis on reaching smaller lenders and businesses by opening to approximately 5,000 more lenders, including community banks, credit unions, and farm credit institutions. Moreover, the agency also plans to have dedicated service hours for these smaller lenders after the portal fully re-opens next week.”

Loans Forgiven: As of January 14, SBA reported than 1.1 million PPP loans totaling over $100 billion have been forgiven. It has  received 1,346,125 forgiveness applications for approximately $170.5 billion.  For the smallest borrowers with loans up to $50,000, 88% have been approved for forgiveness.

 

NEW: Paycheck Protection Program (PPP) will Re-open the Week of January 11 (Link to Applications Forms Below)

On January 8, the SBA announced that PPP would re-open for new borrowers and certain existing PPP borrowers.  Initially, only community financial institutions will be able to make First Draw PPP Loans on Monday, January 11, and Second Draw PPP Loans on Wednesday, January 13.  The PPP will open to all participating lenders shortly thereafter. Updated PPP guidance outlining Program changes to enhance its effectiveness and accessibility was released on January 6 (see below) in accordance with the Economic Aid to Hard-Hit Small Businesses, Non-Profits, and Venues Act.

This round of the PPP continues authorizes up to $284 billion toward job retention and certain other expenses through March 31, 2021, and by allowing certain existing PPP borrowers to apply for a Second Draw PPP Loan.

According to SBA, key PPP updates include:

● PPP borrowers can set their PPP loan’s covered period to be any length between 8 and 24 weeks to best meet their business needs;

● PPP loans will cover additional expenses, including operations expenditures, property damage costs, supplier costs, and worker protection expenditures;

● The Program’s eligibility is expanded to include 501(c)(6)s, housing cooperatives, direct marketing organizations, among other types of organizations;

● The PPP provides greater flexibility for seasonal employees;

● Certain existing PPP borrowers can request to modify their First Draw PPP Loan amount; and

● Certain existing PPP borrowers are now eligible to apply for a Second Draw PPP Loan.

A borrower is generally eligible for a Second Draw PPP Loan if the borrower:

● Previously received a First Draw PPP Loan and will or has used the full amount only for authorized uses;

● Has no more than 300 employees; and

● Can demonstrate at least a 25% reduction in gross receipts between comparable quarters in 2019 and 2020.

The Journal of Accountancy has a helpful review of the new PPP changes and guidance here.

 

NEW on January 8: PPP Applications Forms and Resource Materials 

SBA, in consultation with the Treasury Department, has recently released additional PPP forms and guidance:

Updated First Draw Forms

Form 2483 – First Draw Borrower Application (Updated 1/8/21)

Form 2484 – First Draw Lender Guaranty Application (Updated 1/8/21)

Second Draw Forms

Form 2483-SD – Second Draw Borrower Application (Released 1/8/21)

Form 2484-SD – Second Draw Lender Guaranty Application (Released 1/8/21)

Guidance & Resources

Accessing Capital for Minority Underserved, Veteran and Women-Owned Business Concerns Guidance (Released 1/6/21)

Top-Line Overview of First Draw PPP Loans (Released 1/8/21)

Top-Line Overview of Second Draw PPP Loans (Released 1/8/21)

Interim Final Rule #1 – PPP as Amended by Economic Aid Act (Released 1/6/21)

Interim Final Rule #2 – PPP Second Draw Loans (Released 1/6/21)

Procedural Notice – Modifications to SBA Forms 3506, 3507 and 750 CA (PPP only) (Released 1/8/21)

Procedural Notice – SBA Procedural Notice on Repeal of EIDL Advance Deduction Requirement (Released 1/8/21)

 

NEW on January 7: COVID-19 Relief Tax Modifications, Extensions and Provisions Made Permanent in the Spending and Aid Package Signed on December 27, 2020.

The Consolidated Appropriations Act, 2021, which was signed into law on December 27, 2020, contains financial assistance to businesses as well as various tax breaks. In a SBE Council Small Business Insider blog post, key provisions that small business owners need to know about are covered that may provide relief and a cash-flow cushion. Read more here.

 

NEW: EIDL Loan Deadline to Apply Extended to December 31, 2021

On December 31, 2020, the SBA announced that the deadline to apply for a COVID-19 pandemic Economic Injury Disaster Loan has been extended to December 31, 2021.

To date, SBA has approved $197 billion in low-interest loans, which provide U.S. small businesses, non-profits, and agricultural businesses working capital funds. Economic Injury Disaster Loan applications will continue to be accepted through December 2021, pending the availability of funds.

Loans are offered at affordable terms, including a 3.75% interest rate for small businesses and 2.75% for non-profit organizations, a 30-year maturity, and an automatic deferment of one year before monthly payments begin. All eligible small businesses and nonprofits are encouraged to apply. Learn more and apply for an Economic Injury Disaster Loan

 

NEW on October 13, 2020: Clarification on Deadline for PPP Loan Forgiveness

On October 13, the U.S. Treasury updated the FAQs regarding PPP Loan Forgiveness. Of note, question number 4 addresses the expiration date of 10/31/2020 in the upper right corner of PPP loan forgiveness application forms. October 31, 2020, is NOT the deadline to apply for PPP loan forgiveness, and you can read the updated FAQs and more information on this specific topic here.

 

NEW on October 9, 2020: Simplified Loan Forgiveness

SBA And Treasury Announce Simpler PPP Forgiveness for Loans $50k and Under

On October 8, a simpler loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less was released. There are approximately 3.75 million loans of under $50,000 or less (these loans total $62 billion of the $525 billion on PPP loans issued to date.)

Click here to view the simpler loan forgiveness application.

Click here to view the instructions for completing the simpler loan forgiveness application.

Click here to view the Interim Final Rule on the simpler forgiveness process for loans of $50,000 or less.

NEW on October 8, 2020: PPP FAQ Update

On October 7, 2020 the SBA updated its PPP Frequently Asked Questions. Of note, question #52 refers to the extended deferral period for borrower payments of principal, interest, and fees on all PPP loans as provided for in the Paycheck Protection Flexibility Act of 2020.

UPDATE: The Paycheck Protection Program Closed on August 8, 2020: SBA is no longer taking applications.

 

New on August 24, 2020

Interim Final RuleTreatment of Owners and Forgiveness of Certain Payroll Costs

 

New on August 11, 2020

FAQs for Lenders and Borrowers

Question #51 Added: Do payments required for the provision of group health care benefits, including insurance premiums, include vision and dental benefits? Answer: Yes

 

New on August 11, 2020

FAQs on Loan Forgiveness

PPP loans have an interest rate of 1%.

● Loans issued prior to June 5 have a maturity of 2 years. Loans issued after June 5 have a maturity of 5 years.

● Loan payments will be deferred for six months.

● No collateral or personal guarantees are required.

● Neither the government nor lenders will charge small businesses any fees.

UPDATE June 26, 2020

How to Calculate Loan Amounts

NEW on June 26: Calculating Maximum Loan Amounts

On June 26, the SBA released new guidance on “How to Calculate Maximum Loan Amounts – By Business Type,” which includes steps if you are self-employed with or without employees along with partnerships, along with S-corps, C-corps, nonprofits and more.

NEW on June 25: PPP FAQs Updated

On June 25, the SBA added Question 49 to PPP “Frequently Asked Questions,” which updates loan maturity to five years for loans taken out on or after June 5, 2020. In addition, FAQs #12 and #20 have been revised.

New on June 24: Criminal Justice Reform Eligibility Rule

On June 24, the SBA released an interim final rule related to PPP eligibility for individuals with a criminal record.

New on June 22: PPP Rule Changes Resulting from Passage of the PPP Flexibility Act

These additional rules released by the SBA address changes to PPP under the “Paycheck Protection Program Flexibility Act” that was passed by Congress and signed into law. This interim final rule revises interim final rules posted on SBA’s and the Department of the Treasury’s websites on May 22, 2020.

NEW on June 17: Revised PPP Loan Forgiveness Application and New EZ Version

SBA issued a revised Paycheck Protection Program (PPP) loan forgiveness application implementing the PPP Flexibility Act of 2020.  In addition to revising the full forgiveness application, SBA also published a new EZ version of the forgiveness application that applies to borrowers that:

●  Are self-employed and have no employees; OR

●  Did not reduce the salaries or wages of their employees by more than 25%, and did not reduce the number or hours of their employees; OR

●  Experienced reductions in business activity as a result of health directives related to COVID-19, and did not reduce the salaries or wages of their employees by more than 25%.

The EZ application requires fewer calculations and less documentation for eligible borrowers.  Details regarding the applicability of these provisions are available in the instructions to the new EZ application form. Both applications give borrowers the option of using the original 8-week covered period (if their loan was made before June 5, 2020) or an extended 24-week covered period.  These changes will result in a more efficient process and make it easier for businesses to realize full forgiveness of their PPP loan.

Click here to view the EZ Forgiveness Application.

Click here to view the Full Forgiveness Application.

NEW on June 15: EIDL Applications Portal Re-Opens for All Eligible Small Businesses

The Small Business Administration (SBA) announced that it is re-opening its Economic Injury Disaster Loan (EIDL) and EIDL Advance program portal to all eligible small businesses.

New on June 12: Revised PPP guidance resulting from passage of the Paycheck Protection Program Flexibility Act signed into law by President Trump on June 5, 2020. The new guidance also expands eligibility for businesses with owners who have past felony convictions. SBA also issued revised PPP application forms to conform to these changes.  (SBA will issue additional guidance regarding loan forgiveness and a revised forgiveness application to implement the PPPFA in the near future.)

Click here to view the new Interim Final Rules.

Click here to view the new Borrower Application.

Click here to view the new Lender Application.

NEW on June 9: The Deadline for Applying for a PPP loan is June 30!

Following passage of the Paycheck Protection Program Flexibility Act (H.R. 7010), the SBA and U.S. Treasury confirmed that June 30 is the final day to apply for a PPP loan. In a June 8 statement, they also reviewed key changes to PPP on the “covered period,” the new 60-40 rule, a safe harbor from reductions in loan forgiveness based on reductions in full-time equivalent employees, and other changes made by the legislation.

Clarification on 5 year maturity with the Paycheck Protection Program Flexibility Act:

Based on the enactment of the Paycheck Protection Program Flexibility Act of 2020, the maturity of all loans approved on or after June 5, 2020 will be for 5 years. The SBA E-Tran loan system has been updated to reflect that all loans will automatically reflect the 5 year maturity when submitted and approved. Loans approved and/or funded prior to June 5, 2020 with the 2 year maturity may be extended by the lender and borrower mutually agreeing to a 5 year maturity. Formal guidance on the changes to the CARES Act are forthcoming from SBA.

CARES Act Implementation: SBA’s “Paycheck Protection Program” 

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed by President Trump on March 27.  (The full text of the legislation is here.)

See the SBA’s PPP page here, and the U.S. Treasury’s CARES Act page here.

New on May 22: Interim Final Rules on Loan Forgiveness

The rules cover what is forgivable under PPP, the forgiveness process, and other procedures in a Q&A format.

New on May 22: SBA Loan Review Procedures and Related Borrower and Lender Responsibilities.

The rules, provided in a Q&A format, cover additional procedures and criteria through which SBA will review whether an action by the borrower has resulted in its receipt of a PPP loan that did not meet program requirements.

New on May 19: Over the past week, the SBA updated its PPP FAQs document twice. Click here for the May 19 update of the document, which includes Q&A #48 relating to deadline information for lenders to complete SBA Form 1502. It also includes an update from the May 13 guidance (Q&A’s #46 and #47) that address a PPP borrower’s required good-faith certification concerning the necessity of their loan request, a safe-harbor from loans under $2 million, and the extension of full loan repayment from May 14 to May 18 in order for PPP recipients an opportunity to review and consider FAQ #46 regarding their certification.

New on May 15 – PPP LOAN FORGIVENESS Application: In the early evening of May 15, the Small Business Administration released the PPP Loan Forgiveness Application. It’s a little complex, and as loan recipients begin to review and absorb the content, please keep in mind that guidance will be forthcoming on the application. As noted by SBA in a news release announcing the application: “SBA will also soon issue regulations and guidance to further assist borrowers as they complete their applications, and to provide lenders with guidance on their responsibilities.” In other words, stay tuned.

The application includes: (1) the PPP Loan Forgiveness Calculation Form; (2) PPP Schedule A; (3) the PPP Schedule A Worksheet; and (4) the (optional) PPP Borrower Demographic Information Form. All Borrowers must submit (1) and (2) to their Lender.

New on May 13: In the latest guidance, Questions 46 and 47 address a PPP borrower’s required good-faith certification concerning the necessity of their loan request, a safe-harbor for loans under $2 million, and the extension of full loan repayment from May 14 to May 18 in order for PPP recipients an opportunity to review and consider FAQ #46 regarding their certification.

New On May 6: On May 3 and May 6, additional Q&As were added to SBA/Treasury’s core guidance document, which brings the total number of questions and answers on PPP rules to forty-five.

Question #40 addresses efforts at employee retention and whether PPP loan forgiveness will be reduced “if the borrower laid off an employee, offered to rehire the same employee, but the employee declined the offer?”

The answer is “No,” and to qualify for the exception “the borrower must have made a good faith, written offer of rehire, and the employee’s rejection of that offer must be documented by the borrower. Employees and employers should be aware that employees who reject offers of re-employment may forfeit eligibility for continued unemployment compensation.”

Question #41 offers additional guidance for seasonal employers regarding calculation of maximum PPP loan amounts.

Question #43 reminds borrowers to carefully review the required certification on the application form, and the safe harbor for loan repayment.

Questions #45 answers the question: “Is an employer that repays its PPP loan by the safe harbor deadline (May 14, 2020) eligible for the Employee Retention Credit?” The answer is yes.

NEW on April 24: HOW TO CALCULATE MAXIMUM PPP LOAN AMOUNTS – New guidance from the SBA in consultation with U.S. Treasury (released on the evening of April 24) will, according to the document, “assist businesses in calculating their payroll costs for purposes of determining the amount of a Paycheck Protection Program (PPP) loan businesses can apply for.”

The guidance, formatted in a Q&A format, provides information and steps for a variety of small businesses including: self-employed with no employees; self-employed with employees; documentation  business owners will provided depending on how they report their income; how partnership should apply for PPP loans; how is the maximum PPP loan amount is calculated for S corporations and C corporations; how it is calculated for eligible nonprofit organizations, nonprofit religious institutions, veterans organizations, and tribal businesses; and what other documentation can be provided for the purpose of substantiating the applied-for PPP loan amount.

NEW on April 24: SBA updated their PPP Loan FAQ’s on April 24 (Q&A 31-35 added), which can be accessed here. This latest Q&A supercedes the Q&A documents of April 8 and April 13. 

New on April 14: Supplemental PPP Guidance (April 14): Additional Eligibility Criteria and Requirements, and Calculating Self-Employment Income

On April 14, the U.S. Treasury and Small Business Administration issued supplemental guidance on several issues, including clarification for the self-employed regarding the calculation of net income and payroll for Paycheck Protection Program (PPP) loans and related guidance on forgivable expenses. Access the guidance here.

ABOUT CARES ACT: Eligibility and “the rules.” For a top-line overview of the program provided by U.S. Treasury, please click CLICK HERE

SMALL BUSINESS BORROWERS: If you’re a borrower, more information from U.S. Treasury can be found HERE. This link is helpful in filling out your PPP application, determining eligibility, etc.

“Final” Guidance and Rules: As expected, U.S. Treasury released Interim “Final” Rules on the CARES Act “Paycheck Protection Program” (PPP).  SBE Council has reviewed the rules which can accessed here, and will have forthcoming comments and analysis on them.

Borrower Application: This is Final borrower form for PPP loans (which is submitted to a PPP participating lender participating).

Final Lender Application: Here is the final application form that lenders use for each borrower.

 

Webinar Rewind: What’s in the CARES Act?

The Small Business Roundtable and its members, including SBE Council, hosted a webinar on March 27 with the SBA, U.S. Senate staff and small business leaders (including SBE Council president & CEO Karen Kerrigan) who dissected parts of the CARES Act. More than 8,000 small businesses registered for the event, so we reached capacity! If you weren’t able to tune in here’s the recorded version, which is definitely worth listening to or watching.

 

UPDATED: SBA’s Economic Injury Disaster Loans

The U.S. Small Business Administration is offering states and territories low-interest federal disaster loans for working capital to small businesses suffering substantial economic injury as a result of the Coronavirus (COVID-19).

SBA’s Economic Injury Disaster Loans offer up to $2 million in assistance for a small business. These loans can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing.

SBA’s Coronavirus (COVID-19) Disaster Relief Lending

●  Eligible recipients include tribal businesses, cooperatives, and ESOPs with fewer than 500 employees or any individual operating as a sole proprietor or an independent contractor during the covered period (January 31, 2020 to December 31, 2020).

● Requires that for any SBA EIDL loans made in response to COVID-19 before December 31, 2020, the SBA shall waive any personal guarantee on advances and loans below $200,000, the requirement that an applicant needs to have been in business for the 1-year period before the disaster. The credit elsewhere requirement is also waived.

●  During the covered period, allows SBA to approve and offer EIDL loans based solely on an applicant’s credit score, or use an alternative appropriate alternative method for determining applicant’s ability to repay.

● These loans may be used to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact. The interest rate is 3.75% for small businesses. The interest rate for non-profits is 2.75%.

● Establishes an Emergency Grant to allow an eligible entity who has applied for an EIDL loan due to COVID-19 to request an advance on that loan, of not more than $10,000.

● SBA offers loans with long-term repayments in order to keep payments affordable, up to a maximum of 30 years. Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay.

● Apply for a loan here.

● For additional information, please contact the SBA disaster assistance customer service center. Call 1-800-659-2955 (TTY: 1-800-877-8339) or e-mail disastercustomerservice@sba.gov(link sends e-mail).

 

 

Federal Government Guidance on COVID-19 Related Paid Leave and Tax Credits

SBE Council president & CEO Karen Kerrigan has reviewed guidance from the Department of Labor (DOL) and Internal Revenue Service (IRS) related to the temporary paid leave mandate and the tax credits provided by the “Phase II” Coronavirus response legislation.

In this blog post, she highlights key parts of the guidance. Links to the FULL guidance are provided. There is good news with regard to the tax credits, as well as a 30-day non-enforcement period, which is helpful given the fact that the “Phase III” coronavirus response package is expected to have measures to help small businesses with the costs of paid leave and perhaps additional authority provided to the Secretary of DOL to help small businesses with this new burden.

 

U.S. Treasury/IRS Guidance on April 15 Tax Deferral, and Filing Deadline Extension

On March 18, the Treasury Department provided further guidance on their work to allow taxpayers to defer tax payments due to the coronavirus.

●  Who qualifies? Any individual who owes less than $1 million or corporation that owes less than $10 million.

●  The relief will be automatically provided to taxpayers. No additional forms are required to be filed.

● On March 20, it was announced that the filing deadline for tax returns has been extended to July 15, 2020 for those who need it. (We expect guidance on this from U.S. Treasury in the near future.)

 

Details: All eligible taxpayers qualify for a deferral of their tax payment until July 15, 2020 with no penalties or interest. This relief includes estimated quarterly tax payments due April 15. For individual taxpayers who are unable to file by the April 15 deadline, they remain eligible to request a six-month extension to file their return. For taxpayers that expect to receive a refund, the IRS encourages filing as soon as possible. The sooner those taxpayers file, the sooner they can receive their refunds.

 

EEOC: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

This Equal Opportunity Employment Commission (EEOC) webpage has it all. There are many critical and sensitive issues in the workplace regarding COVID-19 and the Americans With Disabilities Act (ADA), the Rehabilitation Act and other EEO Laws. This webpage resource and guidance, provided in a Q&A format, provides important information for small businesses with employees.

NEW EEOC Guidance on April 23: The latest guidance issued by the Equal Employment Opportunity Commission (EEOC) allows COVID-19 testing of employees. Small businesses should be informed – and inform employees – about the range of technical and sensitive issues related to COVID-19, as they work to protect their workers and customers from potential infection. Read the full guidance here.

 

How to Help – Companies With Medical Supplies, Equipment and Services

● To sell medical supplies or equipment to the federal government, please email specifics to covidsupplies@fema.dhs.gov.

● If you have medical supplies or equipment to donate, please provide details on what you are offering.

● If you are a private company that wants to produce a product related to the COVID response – email nbeoc@max.gov.

● If you are a hospital and other companies in need of medical supplies, contact your state Department of Public Health and/or Emergency Management.

● For non-medical supplies, services or equipment, if you are interested in doing business with FEMA, visit Industry Liaison Program.

 

Kabbage Online Hub to Boost Small Business Sales – Gift Certificate Tool for Small Businesses

U.S. small businesses can sign up free here to immediately seek financial support through gift certificate purchases from individuals throughout the U.S.

Kabbage will provide businesses a unique URL to easily share their personalized page with customers via text, email, web, social media or print. Consumers can purchase multiple certificates for any amount between $15 and $500.

Once certificates are purchased, small businesses will get an immediate notification and can use free technology offered by Kabbage to scan, verify, track and fulfill gift certificates when redeemed. (Kabbage will not financially benefit from this service.)

 

Communicating with Customers and Clients

Effective communication and engagement with customers are differentiators in a competitive economy. This is especially important now.  If you want customers to keep purchasing from your business during this time of uncertainty, and to maintain their loyalty for the long-term, you need to tell them what you and your business are doing to keep your workplace and employees free from the coronavirus to prevent infection through their interaction and/or transactions in your business, or with your workers. Over the past week or so, I have received communications from many companies I do business with – small, medium and large – about how they are responding to the coronavirus. The messages are reassuring, and if you have not done so already and if appropriate in terms of similar actions you may be taking within your business, you can use the content or themes of these messages as a template for your emails to customers and/or social media postings. Click on the company logos below to read how these companies are communicating with their customers.  (To read or share this tip online in blog post form, click here.)

 

Platform Tools: Facebook’s Resource Hub

Tools across the platform economy and provided by internet platforms can help small businesses navigate the “coronavirus economy.” Facebook’s Resource Hub includes tools, tips and helpful information that can help your small business communicate and operate during this challenging period.

 

FEDERAL GOVERNMENT RESOURCES

Small Business Administration Will Provide Disaster Assistance Loans (link)

SBA’s Economic Injury Disaster Loans offer up to $2 million in assistance for a small business. These loans can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing. Further resources can be found in the attached document as well as on SBA’s website: www.SBA.gov/coronavirus and www.SBA.gov/disaster.

DOL Announces New Guidance on Unemployment Insurance Flexibilities (link)

Today DOL announced new guidance outlining flexibilities that states have in administering their unemployment insurance (UI) programs to assist Americans affected by the COVID-19 outbreak.

Information for Businesses from the CDC and other Federal Government Agencies:

Interim Guidance for Businesses and Employers

Information for Communities, Schools, and Businesses

Environmental Cleaning and Disinfection Recommendations – Community Facilities

DOL: OHSA Resources for Workers and Employers on COVID-19

DOL: Guidance for Preparing Workplaces for Coronavirus

WHO: Get Your Workplace Ready for COVID-19

CISA: Risk Management for COVID-19

EPA: Disinfectants for Use Against COVID-19   PDF

 

Information for Families and Households:

Information on COVID-19 for Pregnant Women and Children

Interim Guidance for Household Readiness

Environmental Cleaning and Disinfection Recommendations for U.S. Households

Guidance for Preventing the Spread of COVID-19 in Homes and Residential Communities

FAQ: COVID-19 and Children

EPA: Disinfectants for Use Against COVID-19    PDF

 

What you should know:

How COVID-19 Spreads

Symptoms

Prevention & Treatment

Testing

Frequently Asked Questions

What to Do If You Are Sick with COVID-19

Stigma Related to COVID-19

What You Need to Know

What to Do If You Are Sick with COVID-19

Facts about COVID-19

Information for People at Higher Risk and Special Populations

Communication Resources

 

Situation Updates:

Situation Summary

Cases in the U.S.

Global Locations with COVID-19

Risk Assessment

CDC in Action: Preparing Communities

Karen Kerrigan is president and CEO of the Small Business & Entrepreneurship Council. 

 

News and Media Releases