COVID-19 IMPORTANT UPDATES
Department of Georgia American Legion Business Continuity Plan (Recommendations Only)
Georgia Boys State 2020 Canceled Memo
Memo from Department Commander Eddie Asberry
The Small Business Administration currently has two major loan programs in response to COVID-19. A business can apply for both the Economic Injury Disaster Loan program and Paycheck Protection Program IF there are different use of proceeds for each program. Funds from these loans cannot be comingled.
Emergency Injury Disaster Loan (EIDL)
· Eligibility: 500 employees or fewer.
· 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, think of this as working capital.
· Loans can be made based solely on credit scores.
· Loans available to all non-profits, including 501(c)(6)s.
· Loans below $200,000 can be approved without a personal guarantee.
· Borrowers can receive $10,000 cash advances that are forgiven if spent on paid leave, maintaining payroll, increased costs due to supply chain disruption, mortgage or lease payments, or repaying obligations that cannot be met due to revenue losses.
· The interest rate on EIDLs will not exceed 4 percent per year.
· 3.75% interest rate for Small Businesses.
· 2.75% interest rate for nonprofits.
· First payment will be deferred and not become due until one year after the original disbursement. Interest does not accrue during this time.
· The term lease of these loans will not exceed 30 years.
· EIDL assistant is available only to small businesses when SBA determines they are unable to obtain credit elsewhere. This does not include the ability to access a general line of credit. SBA will complete the thorough analysis to determine this based on the information provided by the applicant.
Click here to apply.
Emergency Economic Injury Grants
· For those that apply for Economic Injury Disaster Loan (EIDL), an advance of $10,000 will be provided to small businesses an nonprofits within three days of applying for the loan.
· The EIDL grant 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, maintaining payroll, meet increased production costs due to supply chain disruption, or pay business obligations, including debts, rent and mortgage payments.
· Eligibility- Recipients must have been in operation on January 21, 2020 and is available to small businesses, private nonprofits, sole proprietors and independent contractors, tribal businesses, as well as cooperatives and employee-owned businesses.
Small Business "Paycheck Protection Program"
· A new $349 billion lending program, modeled on existing SBA 7(a) program. The government guarantee of 7(a) loans would be increased to 100% through the end of 2020, at which point the guarantee would return 75% for loans over $150,000 and 85% for loans less than or equal to $150,000. The complete deferment of 7(a) loan payments are permitted for up to one year. Loans will be administered through local and regional banks; any federally regulated bank may become an SBA lender for this purpose. The Department of Treasury will issue regulations for these loans quickly.
· There will be a 4% interest rate.
· Small businesses as defined by SBA size standards (generally up to 500 employees, but up to 1,500 employees depending on the sector and certain sectors are based on revenue.)
· 501 (c)(3) non-profits with fewer than 500 employees.
· Sole proprietors, the self-employed, and independent contractors.
· Regulatory Streamlining:
· SBA's standard "no credit elsewhere" test is waived.
· No personal guarantee or collateral required.
· Lenders defer fees, principal, and interest for no less than 6 month and no more than 1 year.
· Maximum Loans: up to $10 million. Payroll costs excluded compensation paid to individuals, including the self-employed, above $100,000 a year.
· Requirements: The employer certifies loan will be used to retain workers, maintain payroll, make mortgage or lease payments, and pay utilities.
· Loans can be forgiven up to the amount spent by the borrower during the 8 weeks from loan origination on payroll costs up to $100,000 in wages, mortgage interest, rent or utilities.
· Forgiveness is reduced by layoffs or pay reductions in excess of 25%.
· Forgiveness is not treated as taxable income.
SBA has streamlined the application process and reduced the administrative burden as of today. Start applying for the disaster relief loan or emergency $10k relief grant here: https://covid19relief.sba.gov/
PAYCHECK PROTECTION LOAN
- Small Business Administration Loans-$349 billion authorized (pg31 lines 8-13, CARES ACT)
- Administration participation increased to 100% instead of existing 75-85%.
- Period covered: February 15, 2020 through June 30, 2020 ◦ "Payroll costs" includes wages, tips, leave pay (vacation, sick, parental, etc.), group health care benefits including insurancepremiums, retirement benefit, and state or local taxes
- Applies to employees, and also expands coverage to sole proprietors, independent contractors, and self-employed individuals.
- Excludes any wages or other compensation in excess of $100k per year, prorated for the covered period, some IRS taxes, and any employee whose principal place of residence is outsidethe United States
- Also excludes benefits (sick leave and FMLA) under phase 2.
- Eligibility expanded from just small businesses to any business concern, nonprofit organization, veterans organization or tribal business concern of less than 500 employees (FT andPT count).
- Maximum loan amount: payroll cost average per month during the prior 1 year period multiplied by 2.5 (seasonal businesses can use month average from Feb-June of 2019) ◦ Or $10million(whichever is less).
- Allowable uses: payroll, group health care and leave benefits, mortgage interest (but no prepayment of principal), rent, utilities, and interest on any debts incurred prior to coveredperiod.
- Pg. 21 Lines 4-13-delegated authority-a lender approved to make loans under this subsection shall be deemed to have been delegated by the Administrator to make and approve covered loans (additional lenders shall be approved w/necessary qualifications-pg. 22 lines 4-11, CARES ACT).
- Minimal requirements. No personal guarantee. No collateral.
LOAN FORGIVNESS FOR PAYCHECK PROTECTION LOANS
- A separate section of the CARES Act calls for a portion of the aforementioned paycheck protection loans to be forgiven on a tax-free basis. The amount to be forgiven is the sum of the following payments made by the borrower duringthe 8-week period beginning on the date of the loan:
- payroll costs (as defined above)
- mortgage interest,
- certain utility payments.
- To seek forgiveness, a borrower must submit to the lender an application that includes documentation verifying the number of employees and pay rates, and cancelled checks showing mortgage, rent, or utility payments.
- Loan forgiveness is reduced proportionally if employer reduces FTEs.
- Loan forgiveness is reduced if employer reduces wages by more than 25%.
- Employer can avoid reductions by bringing back employees and restore wages within 30 days and maintain through June 30.
DELAY OF PAYROLL REMITTANCE
- Delay payment of employer payroll taxes (social security) between now and 1/1/21
- 50 % due 12/31/21
- 50% due 12/31/22
- Does not apply to employers who have loans forgiven under Paycheck Protection Program
EMPLOYEE RETENTION CREDIT (ERC)
- Employers fully or partially shut down or with 50% drop in gross receipts in a quarter compared to last year
- Shutdown must apply to all aspects of nonprofit organization
- Refundable tax credit for 50% of the wages (including employers health plan expenses) by the employer up to $10k per employee
- Employers with 100 or more employees applies to employees not providing services
- Employers with 100 or less employees applies to all employees paid during the eligible period.
- Employers are not eligible for ERC if they receive a Paycheck Protection Program Loan
- Allows for advanced payment of credit
SBA ECONOMIC INJURY DISASTER LOAN PROGRAM (EIDL)
- The CARES Act expands the SBA's Disaster Loan Program. The covered period for this section is January 31, 2020-December 31, 2020. In addition to current eligible entities, the following may receive SBA disaster loans:
- A business or nonprofit organization (including faith based) with 500 or fewer employees;
- Sole proprietorships, with or without employees, and independent contractors;
- Cooperatives with 500 or fewer employees;
- ESOPs with 500 or fewer employees; and
- Tribal small business concerns.
- The CARES Act makes the following additional changes to the SBA Disaster Loan program during the covered period for loans made in response to COVID-19:
- Waives rules related to personal guarantees on advances and loans of $200k or less for all applicants;
- Waives minimum 1 year in business rule
- Up to $2 million working capital loan up to 30 year term; 3.75% interest for businesses; 2.75% for nonprofits
- Payments deferred up to 1 year.
- Loan is based on credit score; no tax return needed.
- No collateral for loans under $25k.
- $10k emergency grant that is issued within 3 days. The advance can be used to maintain payroll, and is not required to be repaid, even if the borrower's request for a 7(b) loan is denied.
- Effective Time Period: FEBRUARY 15, 2020 –JUNE 30, 2020
- A loan made under the SBA's Disaster Loan Program on or after January 31, 2020, may be refinanced as part of a covered loan under this new program as soon as these new loans are made available. The CARES Act specifically allowsSBA Disaster Loan recipients with economic injury disaster loans made since January 31, 2020 for purposes other than the permitted loan uses under this program to receive assistance under this program.
PAID SICK LEAVE AND FAMILY LEAVE PROVISIONS FROM FAMILIES FIRST ACT
- Employers with less than 500 employees are required to provide up to 10 weeks of paid FMLA leave if it involves a child sick or home from school because of Coronavirus.
- Leave paid is 2/3 regular pay at a maximum of $200 per day and $10k in the aggregate
- Paid FMLA is in addition to any leave the employer provides
- Payment for FMLA leave will reimbursed by the federal government
- Businesses with less than 50 employees may be exempt under special circumstance.
- Paid leave is not available if employee can telework.
- The CARES Act provides a few clarifications and makes modest changes to the Family Medical Leave Act provisions in the Phase 2 Families First relief package. Those changes include:
- Authority for the Office of Management and Budget (OMB) to exclude certain US government employers and executive branch employees for good cause from the expanded COVID-19 FMLA requirements; and
- A new rule for rehired employees under which "eligible employee" (defined as employed for at least the last 30 calendar days) includes someone who:
- Was laid off by the employer March 1, 2020 or later,
- Had worked for the employer for at least 30 days in the last 60 calendar days prior to the lay-off; and
- Has been rehired by the employer; and
- Allows for advances on anticipated tax credits for employers' paid family leave costs (the details/process for which will be worked out in instructions provided by the Department of Labor (DOL)), and provides penalty relief forfailure to deposit tax amounts in anticipation of credits allowed under this section.
PAID SICK LEAVE
- Employers with less than 500 employees are required to provide 10 days of paid sick leave if it is related to coronavirus
- Sick leave can be taken when ill, quarantined, to care for a sick or quarantined family member or a child from school closure
- Leave is paid at regular rate with maximum of $511 per day if taking care of oneself or 2/3 rate with maximum of $200 per day if caring for family member
- Payment up to the max will be reimbursed by the federal government.
- Leave is in addition to any other leave the employer may provide
- Businesses with less than 50 employees may be exempt under special circumstance.
- Paid sick leave is not available if an employee can telework.
- Includes provisions intended to improve the ability of taxpayers to monetize the benefit of the recently-enacted sick and family leave credits. Specifically, the CARES Act allows employers to receive an advance tax credit fromTreasury instead of having to be reimbursed on the back end. Also, it provides penalty relief for failure to deposit tax amounts in anticipation of credits allowed under this section.
- Treasury is currently in the process of scaling this to provide advances on future refundable tax credit so employers can afford to provide sick leave for employees.
Prepared By: Davey Leghorn
VE&E Washington Office
Stimulus Package Info:
New Federal Tax Deadline July 15th:
Ga State Tax Deadline July 15th:
Halting federal student loan payments and interest for 60 days:
US Federal Gov Unemployment:
Georgia News on Unemployment for Employers & Employees:
Georgia Unemployment Application:
UTILITIES & BILLS
Mortgage relief news:
No Atlanta Evictions for Next 60 Days:
Just Shelter: List of organizations working hard to preserve affordable housing and prevent eviction
List of Banks Offering to Help Customers:
Comcast: No disconnects. Free hotspots. Low-income households get 2 months free service
AT&T: No disconnects for 60 days, waiving late payment fees. Unlimited data
Verizon: No disconnects for 60 days, waiving late payment fees
Sprint: No disconnects for 60 days, waiving late payment fees. Unlimited data
T Mobile: No disconnects for 60 days, waiving late payment fees. Unlimited data
Georgia Power: No disconnects
Atlanta Watershed: Suspending all water shut offs during this time
Geico: Pausing cancellation of policies due to non payment or policy expiration until April 30th
Cobb County Food Resources:
Atlanta Community Food Bank:
Atlanta Survival Program: Free grocery delivery
Free Meals for Atlanta Public School Students:
Uber Eats: Waiving all delivery fees
SPECIFIC INDUSTRY FUNDS
The Giving Kitchen: For food service workers needing financial assistance
Creator Fund: Freelancers/Creators, get up to $500 to help with groceries, medical bills, housing, etc
Resources for Artists:
Relief Fund for LGBTQI+ BIPOC:
Mental Health Services:
Financial Planning Association: Pro Bono Financial Planning
CVS: Waiving home delivery fees & 30 day refill limit on certain medications
Atlanta Public Schools Updates:
Old Fourth Distillery: giving away free hand sanitizer during their business hours. Bring your own container and make a donation
Uhaul: 1 free month storage units for students needing to move asap
FREE MEDIA & ENTERTAINMENT
Scholastic: Free education for Pre K - grade 6+
Adobe Photoshop: Free for students until May
Adobe Creative Cloud: People with Adobe can get 2 months free
NASA Media Library:
Peloton Workout App: Free 90 day trial
Free books, movies, software, music, etc:
Free Ivy League courses:
Free Online Museum Tours:
Free National Park Tours:
No Entrance fees to National Parks:
NPR: Free virtual concerts
Paris Opera: Free live performances
Center of Puppetry Arts: Free tours and performances
Might Could Studiomates: 1 month free trial
Download Free Coloring Books: