All businesses as defined by the SBA in section 3 of the Small Business Act(15 USC 632), and subject to SBA's affiliation rules under 13 CFR 121.301(f) unless specifically waived in the Act. - It has been broadened to include; nonprofits, veterans’ organizations, Tribal business concerns, sole employee proprietorship, self-employed individuals, and independent contractors – with 500 or fewer employees can apply. Businesses in certain industries can have more than 500 employees if they meet applicable SBA based. size standards for those industries (click here for additional detail).
The CARES Act has expanded the eligibility criteria for borrowers to qualify for a Paycheck Protection Program loan. Any qualified small business, nonprofit organization, veterans’ organization, or tribal business is eligible to review a loan if the business employs 500 or fewer people.
Loans can be for up to 2.5 times your average monthly Payroll Costs plus any EIDL loans made between January 31, 2020 and April 3, 2020. Payroll Cost is defined as:
- wages to employees when annualized is a $100,000 or less whose principal place of residency is in the U.S. including severance, sick and parent leaves,
- Cash tips or the equivalent,
- Payments for vacations, parental, family medical, or sick leave,
- Allowance for separation or dismissal,
- Health benefits paid on behalf of employees for group health insurance,
- Retirement benefits paid on behalf of employees,
- Sate and Local taxes paid on wages (unemployment taxes)
- For active partners in an LLC or similar partnerships, the earnings which on a prorated basis does not exceed $100,000,
- Less: sick and family leave wages for which credits were allowed under the Families First Coronavirus Response Act.
The total loan amount is subject to a $10 million cap. If you are a seasonal or new business, you will use different applicable time periods for your calculation. Payroll Costs.
The loan may only be used for:
- Payroll costs as defined above including payments to active partners in a partnership,
- Mortgage interest payments (but not prepayment or payment of mortgage principal)
- Commercial space rent and utilities
- Interest on any other debt obligations incurred before February 15, 2020 and
- Refinancing of an SBA EIDL loan made between January 31, 2020 and April 3, 2020. If you received an SBA EIDL loan from January 31, 2020 through April 3, 2020, you can apply for a PPP loan. If your EIDL loan was not used for payroll costs, it does not affect your eligibility for a PPP loan. If your EIDL loan was used for payroll costs, your PPP loan must be used to refinance your EIDL loan.