You are eligible for a PPP loan if you have 500 or fewer employees whose principal place of residence is in the United States, or are a business that operates in a certain industry and meet the applicable SBA employee-based size standards for that industry, and:
i. You are:
A. A small business concern as defined in section 3 of the Small Business Act (15 U.S.C. 632), and subject to SBA’s affiliation rules under 13 CFR 121.301(f) unless specifically waived in the Act; or
B. A tax-exempt nonprofit organization described in section 501(c)(3) of the Internal Revenue Code (IRC), a tax-exempt veterans organization described in section 501(c)(19) of the IRC, Tribal business concern described in section 31(b)(2)(C) of the Small Business Act, or any other business; and
ii. You were in operation on February 15, 2020 and either had employees for whom you paid salaries and payroll taxes or paid independent contractors, as reported on a Form 1099–MISC.
You are also eligible for a PPP loan if you are an individual who operates under a sole proprietorship or as an independent contractor or eligible selfemployed individual, and you were in operation on February 15, 2020.
You must also submit such documentation as is necessary to establish eligibility such as payroll processor records, payroll tax filings, or Form 1099–MISC, or income and expenses from a sole proprietorship. For borrowers that do not have any such documentation, the borrower must provide other supporting documentation, such as bank records, sufficient to demonstrate the qualifying payroll amount.
SBA intends to promptly issue additional guidance with regard to the applicability of affiliation rules at 13 CFR 121.103 and 121.301 to PPP loans.
Section 2(a) of April 3 Guidance
- What certifications need to be made for PPP?
- What happens if PPP loan funds are misused?
- How can PPP loans be used?
- What forms do I need and how do I submit an application?
- Do independent contractors count as employees for purposes of PPP loan forgiveness?
- Can my PPP loan be forgiven in whole or in part?
- When will I have to begin paying principal and interest on my PPP loan?
- Is the PPP ‘‘first-come, first-served?’’
- Can I use e-signatures or e-consents if a borrower has multiple owners?
- Can I apply for more than one PPP loan?
- What will be the maturity date on a PPP loan?
- What is the interest rate on a PPP loan?
- Do independent contractors count as employees for purposes of PPP loan calculations?
- Is there anything that is expressly excluded from the definition of "payroll costs" for the PPP?
- What qualifies as ‘‘payroll costs’’ for PPP?
- SBA Guidance Lookup
- April 28, 2020 PPP Interim Final Rule, Seasonal Employers
- April 27, 2020 Guidance Memo, XML File Submission Process for Paycheck Protection Program
- April 24, 2020 PPP Interim Final Rule, Promissory Notes, Authorizations, Affiliation, and Eligibility
- April 14, 2020 PPP Interim Final Rule, Additional Eligibility Criteria and Requirements for Certain Pledges of Loans
- April 3, 2020 Privacy Impact Assessments
- April 3, 2020 PPP Interim Final Rule
- April 3, 2020 PPP Affiliation Interim Final Rule