COVID19 INFO


Update for businesses May 11, 2020

Update from Small Business Development Center:

Recovery page updated: http://www.virginiasbdc.org/recoveryresourcecenter

Tourism Partners: Updated info on VATC.org   New Tourism Message: We’ll be waiting for you!   Tracey Gardner Economic Development & Tourism Director Madison County 540-948-7560 MadisonVA.com  
SBSD’s update this week includes new information available for grants and small business tax provisions. SBA programs are detailed and a list of Frequently Asked Questions have been compiled. Information is current as of April 13, 2020. Congress Passes the Coronavirus Aid, Relief and Economic Security Act (CARES): Congress has now passed, and the President has signed, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which is a $2 trillion relief bill. The 800-plus page document contains thousands of provisions covering virtually every part of the American economy. The following is an overview of the CARES Act.  CARES ACT The Coronavirus Aid, Relief and Economic Security Act provides for small businesses. The roughly $2 trillion coronavirus response bill is intended to speed relief across the American economy. This is the third aid package from Congress and is meant to keep businesses and individuals afloat during an unprecedented freeze on the majority of American life.  The main features for small businesses are emergency grants and a forgivable loan program for companies with 500 or fewer employees. There are also changes to rules for expenses and deductions meant to make it easier for companies to keep employees on the payroll and stay open in the near-term.  Emergency grants: The bill provides $10 billion for grants of up to $10,000 to provide emergency funds for small businesses to cover immediate operating costs. The grants are available under Economic Injury Grants, in conjunction with the Economic Injury Disaster Loan Program. These programs are detailed below in Economic Injury Disaster Loans (EIDL) & Emergency Economic Injury Grants.  Forgivable loans: There is $350 billion allocated for the Small Business Administration to provide loans of up to $10 million per business. Any portion of that loan used to maintain payroll, keep workers on the books or pay for rent, mortgage and existing debt could be forgiven, provided workers stay employed through the end of June.  Relief for existing loans: There is $17 billion to cover six months of payments for small businesses already using SBA loans.  To determine if your business meets SBA’s small business size standards, visit https://www.sba.gov/size-standards/ . You will need the 6-digit North American Industry Classification Code for your business and your business’s 3-year average annual revenue. The updated programs include:  Paycheck Protection Program (PPP) Loans The program provides cash-flow assistance through 100 percent federally guaranteed loans to employers who maintain their payroll during this emergency. If employers maintain their payroll, the loans will be forgiven, which would help workers remain employed, as well as help affected small businesses and our economy snap-back quicker after the crisis. PPP has a host of attractive features, such as forgiveness of up to 8 weeks of payroll based on employee retention and salary levels, no SBA fees, and at least six months of deferral with maximum deferrals of up to a year. Small businesses and other eligible entities will be able to apply if they were harmed by COVID-19 between February 15, 2020 and June 30, 2020. This program is retroactive to February 15, 2020, in order to help bring workers who may have already been laid off back onto payrolls. Loans are available through June 30, 2020. PPP Frequently Asked Questions QUESTION: What types of businesses and entities are eligible for a PPP loan? Answer: Businesses and entities must have been in operation on February 15, 2020.Small business concerns, as well as any business concern, a 501(c) (3) nonprofit organization, a 501(c) (19) veterans organization, or Tribal business concern described in section 31(b)(2)(C) that has fewer than 500 employees, or the applicable size standard in number of employees for the North American Industry Classification System (NAICS) industry as provided by SBA, if higher.Individuals who operate a sole proprietorship or as an independent contractor and eligible self-employed individuals.Any business concern that employs not more than 500 employees per physical location of the business concern and that is assigned a NAICS code beginning with 72, for which the affiliation rules are waived.Affiliation rules are also waived for any business concern operating as a franchise that is assigned a franchise identifier code by the Administration, and company that receives funding through a Small Business Investment Company. QUESTION: What types of non-profits are eligible? Answer: In general, 501(c)(3) and 501(c)(19) non-profits with 500 employees or fewer as most non-profit SBA size standards are based on revenue, not employee number. QUESTION: What are affiliation rules? Answer: Affiliation rules become important when SBA is deciding whether a business’s affiliations preclude them from being considered “small.” Generally, affiliation exists when one business controls or has the power to control another or when a third party (or parties) controls or has the power to control both businesses. QUESTION: How is the loan size determined? Answer: Depending on your business’s situation, the loan size will be calculated in different ways (see below). The maximum loan size is always $10 million. If you were in business February 15, 2019 – June 30, 2019: Your max loan is equal to 250 percent of your average monthly payroll costs. If your business is a seasonal employer, the max loan is equal to 250 percent of your average monthly payroll costs from February 15, 2019 through June 30, 2019; you can also opt to choose March 1, 2019 as your time period start date. If you were not in business between February 15, 2019 – June 30, 2019: Your max loan is equal to 250 percent of your average monthly payroll costs between January 1, 2020 and February 29, 2020. If you took out an Economic Injury Disaster Loan (EIDL) between February 15, 2020 and June 30, 2020 and you want to refinance that loan into a PPP loan, you would add the outstanding loan amount to the payroll sum. A calculator link is provided below: https://www.nav.com/cares-act-sba-loan-calculator/ QUESTION: What are the loan term, interest rate, and fees? Answer: For any amounts not forgiven, the maximum term is 10 years, the maximum interest rate is 4 percent, zero loan fees, zero prepayment fee (SBA will establish application fees caps for lenders that charge). QUESTION: What costs are eligible for payroll? Answer: Compensation (salary, wage, commission, or similar compensation, payment of cash tip or equivalent)Payment for vacation, parental, family, medical, or sick leaveAllowance for dismissal or separationPayment required for the provisions of group health care benefits, including insurance premiumsPayment of any retirement benefitPayment of State or local tax assessed on the compensation of employees QUESTION: What costs are not eligible for payroll? Answer: Employee/owner compensation over $100,000Taxes imposed or withheld under chapters 21, 22, and 24 of the IRS codeCompensation of employees whose principal place of residence is outside of the U.S.Qualified sick and family leave for which a credit is allowed under sections 7001 and 7003 of the Families First Coronavirus Response Act QUESTION: What are allowable uses of loan proceeds? Answer: Payroll costs (as noted above)Costs related to the continuation of group health care benefits during periods of paid sick, medical, or family leave, and insurance premiumsEmployee salaries, commissions, or similar compensations (see exclusions above)Payments of interest on any mortgage obligation (which shall not include any prepayment of or payment of principal on a mortgage obligation)Rent (including rent under a lease agreement)UtilitiesInterest on any other debt obligations that were incurred before the covered period QUESTION: How is the forgiveness amount calculated? Answer: Forgiveness on a covered loan is equal to the sum of the following payroll costs incurred during the covered 8 week period compared to the previous year or time period, proportionate to maintaining employees and wages (excluding compensation over $100,000):Payroll costs plus any payment of interest on any covered mortgage obligation (not including any prepayment or payment of principal on a covered mortgage obligation) plus any payment on any covered rent obligation plus and any covered utility payment.  QUESTION: How do I get forgiveness on my PPP loan? Answer: You must apply through your lender for forgiveness on your loan. In this application, you must include: Documentation verifying the number of employees on payroll and pay rates, including IRS payroll tax filings and State income, payroll and unemployment insurance filings.Documentation verifying payments on covered mortgage obligations, lease obligations, and utilities.Certification from a representative of your business or organization that is authorized to certify that the documentation provided is true and that the amount that is being forgiven was used in accordance with the program’s guidelines for use.  QUESTION: What happens after the forgiveness period? Answer: Any loan amounts not forgiven are carried forward as an ongoing loan with max terms of 10 years, at a maximum interest rate of 4%. Principal and interest will continue to be deferred, for a total of 6 months to a year after disbursement of the loan. The clock does not start again. QUESTION: Can I get more than one PPP loan? Answer: No, an entity is limited to one PPP loan. Each loan will be registered under a Taxpayer Identification Number at SBA to prevent multiple loans to the same entity. QUESTION: Where should I go to get a PPP loan from? Answer: All current SBA 7(a) lenders are eligible lenders for PPP. The Department of Treasury will also be in charge of authorizing new lenders, including non-bank lenders, to help meet the needs of small business owners. QUESTION: How does the PPP loan coordinate with SBA’s existing loans? Answer: Borrowers may apply for PPP loans and other SBA financial assistance, including Economic Injury Disaster Loans (EIDLs), 7(a) loans, 504 loans, and microloans, and also receive investment capital from Small Business Investment Corporations (SBICs). However, you cannot use your PPP loan for the same purpose as your other SBA loan(s). For example, if you use your PPP to cover payroll for the 8-week covered period, you cannot use a different SBA loan product for payroll for those same costs in that period, although you could use it for payroll not during that period or for different workers. QUESTION: How does the PPP loan work with the temporary Emergency Economic Injury Grants and the Small Business Debt Relief program? Answer: Emergency Economic Injury Grant and Economic Injury Disaster Loan (EIDL) recipients and those who receive loan payment relief through the Small Business Debt Relief Program may apply for and take out a PPP loan as long as there is no duplication in the uses of funds. Economic Injury Disaster Loans (EIDL) & Emergency Economic Injury Grants These grants provide an emergency advance of up to $10,000 to small businesses and private non-profits harmed by COVID-19 within three days of applying for an SBA Economic Injury Disaster Loan (EIDL). To access the advance, you first apply for an EIDL and then request the advance. The advance does not need to be repaid under any circumstance, and may be used to keep employees on payroll, to pay for sick leave, meet increased production costs due to supply chain disruptions, or pay business obligations, including debts, rent and mortgage payments. EIDL Frequently Asked Questions QUESTION: What is an EIDL and what is it used for? Answer: EIDLs are lower interest loans of up to $2 million, with principal and interest deferment at the Administrator’s discretion, that are available to pay for expenses that could have been met had the disaster not occurred, including payroll and other operating expenses. QUESTION: Who is eligible for an EIDL? Answer: Those eligible are the following with 500 or fewer employees: Sole proprietorships, with or without employeesIndependent contractorsCooperatives and employee owned businessesTribal small businesses  Small business concerns and small agricultural cooperatives that meet the applicable size standard for SBA are also eligible, as well as most private non-profits of any size. QUESTION: My private non-profit is not a 501(c)(3). Is it still eligible for an EIDL and a grant? Answer: Yes, if you are a private non-profit with an effective ruling letter from the IRS, granting tax exemption under sections 501(c), (d), or (e) of the Internal Revenue Code of 1954, or if you can provide satisfactory evidence from the State that the non-revenue producing organization or entity is a non-profit one organized or doing business under State law. QUESTION: How long are Emergency Economic Injury Grants available? Answer: January 31, 2020 – December 31, 2020. The grants are backdated to January 31, 2020 to allow those who have already applied for EIDLs to be eligible to also receive a grant. QUESTION: If I get an EIDL and/or an Emergency Economic Injury Grant, can I get a PPP loan? Answer: Whether you’ve already received an EIDL unrelated to COVID-19 or you receive a COVID-19 related EIDL and/or Emergency Grant between January 31, 2020 and June 30, 2020, you may also apply for a PPP loan. If you ultimately receive a PPP loan or refinance an EIDL into a PPP loan, any advance amount received under the Emergency Economic Injury Grant Program would be subtracted from the amount forgiven in the PPP. However, you cannot use your EIDL for the same purpose as your PPP loan. For example, if you use your EIDL to cover payroll for certain workers in April, you cannot use PPP for payroll for those same workers in April, although you could use it for payroll in March or for different workers in April. Participation of Faith-Based Organizations in the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan Program (EIDL) Frequently Asked Questions QUESTION: Are faith-based organizations, including houses of worship, eligible to receive SBA loans under the PPP and EIDL programs? Answer: Yes, and SBA additionally clarifies that faith-based organizations are eligible to receive SBA loans regardless of whether they provide secular social services. That is, no otherwise eligible organization will be disqualified from receiving a loan because of the religious nature, religious identity, or religious speech of the organization. The requirements in certain SBA regulations—13 C.F.R. §§ 120.110(k) and 123.301(g)—impermissibly exclude some religious entities. Because those regulations bar the participation of a class of potential recipients based solely on their religious status, SBA will decline to enforce these subsections and will propose amendments to conform those regulations to the Constitution. Although 13 C.F.R. § 120.110(a) states that nonprofit entities are ineligible for SBA business loans (which includes the PPP program), the CARES Act explicitly makes nonprofit entities eligible for the PPP program and it does so without regard to whether nonprofit entities provide secular social services. QUESTION: Are there any limitations on how faith-based organizations can use the PPP and EIDL loan money they receive? Answer: Only the same limitations that apply to all other recipients of these loans (such as that loan forgiveness will cover non-payroll costs only to a maximum of 25% of the total loan to a recipient). The PPP and EIDL loan programs are neutral, generally applicable loan programs that provide support for nonprofit organizations without regard to whether they are religious or secular. The CARES Act has provided those program funds as part of the efforts to respond to the economic dislocation threatened by the COVID-19 public health emergency. Under these circumstances, the Establishment Clause does not place any additional restrictions on how faith-based organizations may use the loan proceeds received through either the PPP or the EIDL loan program. See, e.g., Religious Restrictions on Capital Financing for Historically Black Colleges and Universities, 43 Op. O.L.C. __, *7–15 (Aug. 15, 2019); Authority of FEMA to Provide Disaster Assistance to Seattle Hebrew Academy, 26 Op. O.L.C. 114, 122–32 (2002). In addition, the CARES Act does not impose unique burdens or limitations on faith-based organizations. In particular, loans under the program can be used to pay the salaries of ministers and other staff engaged in the religious mission of institutions. QUESTION: How will churches qualify if they have not been informed of tax-exempt status by the IRS? Do organizations have to request and receive tax exempt status or just meet the requirements of 501(c)(3) status to be eligible? Answer: Churches (including temples, mosques, synagogues, and other houses of worship), integrated auxiliaries of churches, and conventions or associations of churches qualify for PPP and EIDL loans as long as they meet the requirements of Section 501(c)(3) of the Internal Revenue Code, and all other PPP and EIDL requirements. Such organizations are not required to apply to the IRS to receive tax-exempt status. See 26 U.S.C. § 508(c)(1)(A). QUESTION: What legal requirements will be imposed on my organization as a result of our receipt of this Federal financial assistance? Will those requirements cease to apply when the loan is either repaid in full or forgiven? Answer: Receipt of a loan through any SBA program constitutes Federal financial assistance and carries with it the application of certain nondiscrimination obligations. Any legal obligations that you incur through your receipt of this loan are not permanent, and once the loan is paid or forgiven, those nondiscrimination obligations will no longer apply. Consistent with certain federal nondiscrimination laws, SBA regulations provide that the recipient may not discriminate on the basis of race, color, religion, sex, handicap, age, or national origin with regard to goods, services, or accommodations offered. 13 C.F.R. § 113.3(a). But SBA regulations also make clear that these nondiscrimination requirements do not limit a faith-based entity’s autonomy with respect to membership or employment decisions connected to its religious exercise. 13 CFR § 113.3-1(h). SBA recognizes the various protections for religious freedom enshrined in the Constitution and federal law that are not altered or waived by receipt of Federal financial assistance. SBA therefore clarifies that its regulations apply with respect to goods, services, or accommodations offered generally to the public by recipients of these loans, but not to a faith-based organization’s ministry activities within its own faith community. For example, SBA’s regulations will require a faith-based organization that operates a restaurant or thrift store open to the public to serve the public without regard to the protected traits listed above. But SBA’s regulations do not apply to limit a faith-based organization’s ability to distribute food or clothing exclusively to its own members or co-religionists. Indeed, SBA will not apply its nondiscrimination regulations in a way that imposes substantial burdens on the religious exercise of faith-based loan recipients, such as by applying those regulations to the performance of church ordinances, sacraments, or religious practices, unless such application is the least restrictive means of furthering a compelling governmental interest. Congress enacted the CARES Act to afford swift and sweeping stopgap relief to Americans who might otherwise lose their jobs or businesses because of the economic hardships wrought by the response to the COVID-19 public health emergency, and SBA has a compelling interest in fulfilling that mandate to provide assistance broadly. Small Business Federal Tax Provisions  Employee Retention Credit for Employers Subject to Closure or Experiencing Economic Hardship This provision would provide a refundable payroll tax credit for 50 percent of wages paid by eligible employers to certain employees during the COVID-19 crisis. The credit is available to employers, including non-profits, whose operations have been fully or partially suspended as a result of a government order limiting commerce, travel or group meetings. The credit is also provided to employers who have experienced a greater than 50 percent reduction in quarterly receipts, measured on a year-over-year basis.  Wages of employees who are furloughed or face reduced hours as a result of their employer’s closure or economic hardship are eligible for the credit. For employers with 100 or fewer full-time employees, all employee wages are eligible, regardless of whether an employee is furloughed. The credit is provided for wages and compensation, including health benefits, and is provided for the first $10,000 in wages and compensation paid by the employer to an eligible employee. Wages do not include those taken into account for purposes of the payroll credits for required paid sick leave or required paid family leave, nor for wages taken into account for the employer credit for paid family and medical leave (IRC sec. 45S). • The credit is not available to employers receiving assistance through the Paycheck Protection Program. The credit is provided through December 31, 2020.  Delay of Payment of Employer Payroll Taxes This provision would allow taxpayers to defer paying the employer portion of certain payroll taxes through the end of 2020, with all 2020 deferred amounts due in two equal installments, one at the end of 2021, the other at the end of 2022. Payroll taxes that can be deferred include the employer portion of FICA taxes, the employer and employee representative portion of Railroad Retirement taxes (that are attributable to the employer FICA rate), and half of SECA tax liability. • Deferral is not provided to employers receiving assistance through the Paycheck Protection Program. In the News: https://apnews.com/0b335429ba647cfe0b648ade1909f8ff?utm_medium=AP&utm_source=Twitter&utm_campaign=SocialFlow https://www.irs.gov/newsroom/economic-impact-payments-what-you-need-to-know   Charitable Grant Opportunities: JP Morgan Chase: $50 million to address the immediate and long-term impact of the coronavirus, including funds for health care, food, and other humanitarian relief, plus assistance for small businesses and others hurt by the crisis. The funds will flow through the corporation’s foundation.  Facebook: Opportunity for up to 30,000 eligible small businesses in more than 30 countries where Facebook operates to receive funding. Facebook is prioritizing 50% of grants to eligible minority-, women- and veteran-owned businesses due to the disproportionate negative impact that COVID-19 will have on these businesses, their employees and the communities that they serve. https://www.facebook.com/business/boost/grants?ref=alias.  To be eligible, businesses must: Have between 2 and 50 employeesHave been in business for over a yearHave experienced challenges from COVID-19Be in or near a location where Facebook operates Virginia is included in locations                                                                                              LiSC: Thanks to a $2.5 million investment from Verizon, LiSC is offering grants to help small businesses fill urgent financial gaps until they can resume normal operations or until other more permanent financing becomes available.   Verizon: launched #PayItForwardLIVE, a weekly livestream from big names to pay it forward for small businesses. Viewers can tune in every Tuesday and Thursday at 8PM ET/ 5PM PT on @Verizon’s Twitter, Yahoo, Twitch, and Fios Channel 501. As people support their favorite small businesses with #PayItForwardLIVE, Verizon will commit an additional $10 per use of the hashtag, up to $2.5 million, for a total of up to $5 million in support. How to Help: If you or your organization are interested in helping the effort to combat the spread of COVID-19, FEMA has established a website (www.fema.gov/coronavirus/how-to-help) with more information. Examples for the private sector include:  To sell medical supplies or equipment to the federal gov