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FREQUENTLY ASKED QUESTIONS
CARES ACT’S PAYCHECK PROTECTION PROGRAM
(PPP)
Question: What is the Paycheck Protection Program (PPP)?
Answer: The Paycheck Protection Program provides 100% federally guaranteed loans
to small businesses. It is part of the Coronavirus Aid, Relief, and Economic Security
(CARES) Act that allocated $350 billion to help small businesses keep workers
employed amid the pandemic and economic downturn.
The program would provide 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 would be forgiven, which would help workers
remain employed, as well as help affected small businesses and our economy to snap-
back quicker after the crisis.
Question: What is the role of the Small Business Administration (SBA)?
Answer: The SBA is the federal organization that will administer the program on behalf
of the federal government. Their activities will include dissemination of information and
working with the banks that will be the lenders of the loans.
Question: What is the role of the banks?
Answer: The SBA approved banks will be providing the loans for the PPP to the small
businesses and work directly with these small business in applying and lending the
money.
Question: What is the role of the small business?
Answer: Small Businesses should begin organizing their documentation needed for
this program (see below). It is strongly suggested the small business reaches out to
their bank and their banking relationship manager to begin discussing this program and
understanding what the small business needs to provide the bank to apply and receive
the loan.
Eligible applicants can apply for the PPP loan until June 30, 2020.
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Question: What small businesses and organizations are eligible for the PPP loan?
Answer: A variety of small businesses and organizations are eligible, as well as
independent contractors and sole proprietors:
- A small business with fewer than 500 employees
- A small business that otherwise meets the SBA’s size standard
- A 501(c)(3) with fewer than 500 employees
- •An individual who operates as a sole proprietor
- An individual who operates as an independent contractor
- •An individual who is self-employed who regularly carries on any trade or
business
- A Tribal business concern that meets the SBA size standard
- A 501(c)(19) Veterans Organization that meets the SBA size standard
- If you are in the accommodation and food services sector (NAICS 72), the
500-employee rule is applied on a per physical location basis
- If you are operating as a franchise or receive financial assistance from an
approved Small Business Investment Company the normal affiliation rules do
not apply
Please note that employees include full-time, part-time and any other status.
Question: What will the bank ask when applying for the PPP loan?
Answer: Unlike traditional and alternative financing, this program is intended to provide
financial relieve as quickly as possible. Therefore, lenders are directed to consider
whether the borrower was in operation before February 15, 2020 and had employees for
whom they paid salaries and payroll taxes or paid independent contractors.
In addition, banks will also ask companies for a good faith certification that provides the
following information:
- The uncertainty of current economic conditions makes the loan request
necessary to support ongoing operations
- The borrower will use the loan proceeds to retain workers and maintain
payroll or make mortgage, lease, and utility payments
- Borrower does not have an application pending for a loan duplicative of the
purpose and amounts applied for in the PPP loan
- From Feb. 15, 2020 to Dec. 31, 2020, the borrower has not received a loan
duplicative of the purpose and amounts applied for here (Note: There is an
opportunity to fold emergency loans made between Jan. 31, 2020 and the
date this loan program becomes available into a new loan)
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Question: How do I know if my bank is an SBA preferred lender and if not, which
banks are?
Answer: The SBA has a list of SBA preferred lenders through their Lender Match tool
on their website. A full list of lenders in Florida can be found at the end of this document.
Question: What payroll components can I pay with the PPP loan?
Answer: These are the payroll items that can be covered by the PPP loan:
- Compensation (salary, wage, commission, or similar compensation, payment
of cash tip or equivalent)
- Payment for vacation, parental, family, medical, or sick leave
- Allowance for dismissal or separation
- Payment required for the provisions of group health care benefits, including
insurance premiums
- Payment of any retirement benefit
- Payment of State or local tax assessed on the compensation of employees
Question: What other cost can I pay with the PPP loan?
Answer: In addition to covering the payroll of the employees, the loan can be used for:
- Costs related to the continuation of group health care benefits during periods
of paid sick, medical, or family leave, and insurance premiums
- Employee salaries, commissions, or similar compensations
- 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)
- Utilities
- Interest on any other debt obligations that were incurred before the covered
period
Question: What is not eligible for to be covered by the PPP loan?
Answer: There are several business expenses that cannot be covered by the PPP
loan:
- Employee/owner compensation over $100,000
- Taxes imposed or withheld under chapters 21, 22, and 24 of the IRS code
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- Compensation 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: How do I know how much I can borrow under the PPP loan program?
Answer: The amount of each loan is limited to the lesser of (a) $10 million or (b) the
borrower’s average total monthly “payroll costs” for the 1-year period ending on the date
the loan is made multiplied by 2.5, plus any refinanced SBA economic injury disaster
loan obtained after January 31, 2020.
Payroll Cost include:
- salary, wage, commission, or similar compensation;
- payment of cash tip or equivalent;
- payment for vacation, parental, family, medical, or sick leave
- allowance for dismissal or separation
- payment required for the provisions of group health care benefits, including
insurance premiums
- payment of any retirement benefit
- payment of state or local tax assessed on the compensation of the employee
For Sole Proprietors, Independent Contractors, and Self-Employed Individuals: The sum
of payments of any compensation to or income of a sole proprietor or independent
contractor that is a wage, commission, income, net earnings from self-employment, or
similar compensation and that is in an amount that is not more than $100,000 in one
year, as pro-rated for the covered period.
Please note that payments to an independent contractor or sole proprietor should be
excluded from the eligible business’s payroll costs. However, an independent contractor
or sole proprietor will itself be eligible for a loan under the PPP, if it satisfies the
applicable requirements.
Question: Do I include federal taxes when determining my payroll costs for purposes
of the maximum loan amount, allowable uses of a PPP loan, and the amount of a loan
that may be forgiven?
Answer: Payroll costs are calculated on a gross basis without regard to (i.e., not
including subtractions or additions based on) federal taxes imposed or withheld, such as
the employee’s and employer’s share of Federal Insurance Contributions Act (FICA)
and income taxes required to be withheld from employees. As a result, payroll costs are
not reduced by taxes imposed on an employee and required to be withheld by the
employer, but payroll costs do not include the employer’s share of payroll tax. For
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example, an employee who earned $4,000 per month in gross wages, from which $500
in federal taxes was withheld, would count as $4,000 in payroll costs. The employee
would receive $3,500, and $500 would be paid to the federal government. However, the
employer-side federal payroll taxes imposed on the $4,000 in wages are excluded from
payroll costs.
Question: Will my bank calculate the loan amount based on the guidelines from the
SBA?
Answer: Providing an accurate calculation of payroll costs is the responsibility of the
borrower, and the borrower attests to the accuracy of those calculations on the
Borrower Application Form. Lenders are expected to perform a good faith review, in a
reasonable time, of the borrower’s calculations and supporting documents concerning
average monthly payroll cost. For example, minimal review of calculations based on a
payroll report by a recognized third-party payroll processor would be reasonable. In
addition, lenders may rely on borrower representations, including with respect to
amounts required to be excluded from payroll costs.
If the lender identifies errors in the borrower’s calculation or material lack of
substantiation in the borrower’s supporting documents, the lender should work with the
borrower to remedy the issue.
Question: The CARES Act excludes from the definition of payroll costs any employee
compensation in excess of an annual salary of $100,000. Does that exclusion apply to
all employee benefits of monetary value?
Answer: The exclusion of compensation in excess of $100,000 annually applies only to
cash compensation, not to non-cash benefits, including:
employer contributions to defined-benefit or defined-contribution retirement plans;
payment for the provision of employee benefits consisting of group health care
coverage, including insurance premiums; and
payment of state and local taxes assessed on compensation of employees.
Question: Do I need to put up collateral in order to receive the PPP loan?
Answer: During the Covered Period, Borrowers are not required to provide collateral
security for the loans or cause owners or affiliates to guarantee the loans. I.e. no
personal guaranty and no collateral are required for the covered loan.
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Question: Although this is called a loan, there is the opportunity to get the loan
forgiven. How is the 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.
The amount forgiven cannot exceed the principal balance of the loan. The forgiven
amount is reduced by multiplying the amount forgiven by a fraction; the numerator is the
average number of full-time employees per month during the eight-week period
following origination of the loan, and the denominator is, at the election of the borrower,
one of the two following values: (a) the average number of full-time employees per
month between Feb. 15, 2019, and June 30, 2019; or (b) the average number of full-
time employees per month between January 1, 2020 and ending on February 29, 2020.
Employees terminated between February 15, 2020 and 30 days after passage of the
CARES Act, but rehired by June 30, 2020, qualify in the numerator so long as they’re
fully paid as if they weren’t terminated. A borrower will need to calculate their average
number of full-time employees in both 2019 and between January 1, 2020 and ending
on February 29, 2020 to determine the most favorable result. Accordingly, if a
borrower’s workforce is 60% of the workforce during the applicable comparison period,
then only 60% of the maximum expected forgiveness amount qualifies for forgiveness.
If the borrower maintains 100% of the workforce, then 100% of the forgiveness amount
qualifies for forgiveness. The forgiveness amount is also subject to reduction based on
salary reductions. Generally, the borrower’s forgivable amount is reduced by salary
reductions greater than 25%. Lastly, if any portion of a borrower’s loan is forgiven, then
the borrower cannot defer their 2020 payroll tax obligations.
Question: How do a 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
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amount that is being forgiven was used in accordance with the program’s
guidelines for use.
Please note that the details will be provided by the SBA.
Question: What happens after the forgiveness period?
Answer: Any loan amounts not forgiven at the end of one year is carried forward as an
ongoing loan with your bank.
Please note that the details will be provided by the SBA and your bank.
Question: What if I have let go of employees and want to bring them back as part of
this program, is that possible?
Answer: Reductions in employment or wages that occur during the period beginning on
February 15, 2020, and ending 30 days after enactment of the CARES Act, (as
compared to February 15, 2020) shall not reduce the amount of loan forgiveness IF by
June 30, 2020 the borrower eliminates the reduction in employees or reduction in
wages.
Question: Do I include my independent contractors (1099 employees) in my employee
count and do I thus apply for them?
Answer: Independent contractors or 1099 workers will file their own Paycheck
Protection Program Loan application using the same form through their bank. Therefore,
any amounts that a company has paid to an independent contractor or sole proprietor
should be excluded from the eligible business’s payroll costs.
Question: What my company contracts with a third-party payer such as a payroll
provider or a Professional Employer Organization (PEO) to process payroll and report
payroll taxes?
Answer: SBA recognizes that eligible borrowers that use PEOs or similar payroll
providers are required under some state registration laws to report wage and other data
on the Employer Identification Number (EIN) of the PEO or other payroll provider. In
these cases, payroll documentation provided by the payroll provider that indicates the
amount of wages and payroll taxes reported to the IRS by the payroll provider for the
borrower’s employees will be considered acceptable PPP loan payroll documentation.
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Relevant information from a Schedule R (Form 941), Allocation Schedule for Aggregate
Form 941 Filers, attached to the PEO’s or other payroll provider’s Form 941, Employer’s
Quarterly Federal Tax Return, should be used if it is available; otherwise, the eligible
borrower should obtain a statement from the payroll provider documenting the amount
of wages and payroll taxes. In addition, employees of the eligible borrower will not be
considered employees of the eligible borrower’s payroll provider or PEO.
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: What do I need to do if I have other SBA loans?
Answer: Prior to applying for PPP loan, all prospective borrowers should review all
existing loan agreements, notes and bond or trust indentures to determine if the
incurring additional debt will cause a default or otherwise violate the terms of those
agreements. Companies may also be guarantors of their parent entity’s existing debt,
and may, therefore, be subject to the same restrictions. Financial covenants, permitted
debt definitions, permitted investments, and other terms of loan documents may need
modifications to allow borrowers to access this government relief without technical
defaults. Businesses with existing debt should consult with their legal counsel and
lenders now about any necessary amendments or waivers to allow these loans.
Existing lenders will likely support and encourage borrowers to obtain these loans.
Question: Are there other programs a small business could take advantage of dealing
with the COVID-19 crisis?
Answer: There are other programs that could assist small businesses through this
crisis. These include programs on federal level, such as the Economic Injury Disaster
Loan (EIDL), Florida level, including the Florida Small Business Emergency Bridge Loan
Program, and others that are linked to certain industries and occupations.
Question: My business is an international company impacted by the COVID-19 crisis
in the United States. What are my options for assistance?
Answer: At this point the SBA rules are not completely clear on the assistance
provided to individuals and foreign companies that have an immigration status other
than green card holder.
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The State of Florida Department of Economic Opportunity Emergency Bridge Loan
requires U.S. personal taxes, U.S. business taxes and U.S. issued license/identification.
Also review SunBiz information to show the business was in business prior to the
incident, is registered to do business in Florida, and has a primary location in the
disaster area.
Question: Which banks are SBA Preferred Lenders?
Answer: Below is the list of SBA approved lenders.
Bank
City
State
Regions Bank
BIRMINGHAM
AL
BBVA USA
BIRMINGHAM
AL
Centennial Bank
CONWAY
AR
Bank OZK
LITTLE ROCK
AR
TD Bank, National Association
WILMINGTON
DE
PNC Bank, National Association
WILMINGTON
DE
Santander Bank, National Association
WILMINGTON
DE
BankUnited, National Association
MIAMI LAKES
FL
CenterState Bank, National Association
WINTER HAVEN
FL
Paradise Bank
BOCA RATON
FL
First Home Bank
Saint Petersburg
FL
First Federal Bank
LAKE CITY
FL
Seacoast National Bank
STUART
FL
Banesco USA
CORAL GABLES
FL
City National Bank of Florida
MIAMI
FL
IBM Southeast Empl CU
DELRAY
BEACH
FL
Central Bank
TAMPA
FL
The Bank of Tampa
TAMPA
FL
Florida Capital Bank, National Association
JACKSONVILLE
FL
Marquis Bank
CORAL GABLES
FL
Freedom Bank
SAINT
PETERSBURG
FL
Pilot Bank
TAMPA
FL
Achieva CU
DUNEDIN
FL
First Citrus Bank
TAMPA
FL
Terrabank, National Association
MIAMI
FL
Amerant Bank, National Association
CORAL GABLES
FL
Professional Bank
CORAL GABLES
FL
Axiom Bank, National Association
MAITLAND
FL
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Cogent Bank
ORANGE CITY
FL
Flagship Bank
CLEARWATER
FL
Addition Financial CU
LAKE MARY
FL
Flagler Bank
WEST PALM
BEACH
FL
Legacy Bank of Florida
BOCA RATON
FL
Intercredit Bank, National Association
MIAMI
FL
Sunrise Bank
COCOA BEACH
FL
U.S. Century Bank
DORAL
FL
Seaside National Bank & Trust
ORLANDO
FL
Marine Bank & Trust Company
VERO BEACH
FL
Beach Community Bank
FORT WALTON
BEACH
FL
Ocean Bank
MIAMI
FL
Wauchula State Bank
WAUCHULA
FL
Valley Bank
FORT
LAUDERDALE
FL
The First National Bank of Mount Dora
MOUNT DORA
FL
Fairwinds CU
ORLANDO
FL
Black Business Investment Fund Inc.
Orlando
FL
Suncoast CU
TAMPA
FL
Prime Meridian Bank
TALLAHASSEE
FL
Midflorida CU
LAKELAND
FL
121 Financial CU
JACKSONVILLE
FL
First Bank
CLEWISTON
FL
Lafayette State Bank
MAYO
FL
GTE FCU d/b/a GTE Financial
TAMPA
FL
Community CU of Florida
ROCKLEDGE
FL
Encore Bank
NAPLES
FL
Drummond Community Bank
CHIEFLAND
FL
Florida Business Development Corporation
Tampa
FL
First Commerce CU
TALLAHASSEE
FL
The First National Bank of South Miami
SOUTH MIAMI
FL
Columbia Bank
LAKE CITY
FL
McCoy FCU
ORLANDO
FL
Citizens State Bank
PERRY
FL
Home Federal Bank of Hollywood
HALLANDALE
BEACH
FL
Sanibel Captiva Community Bank
SANIBEL
FL
Calusa Bank
PUNTA GORDA
FL
Fountainhead SBF LLC
LAKE MARY
FL
Neighborhood Lending Partners of West Florida,
Tampa
FL
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Inc.
Farm Credit of South Florida, ACA
Royal Palm
FL
First Florida Integrity Bank
NAPLES
FL
Madison County Community Bank
MADISON
FL
Sunshine State Economic Development
Corporation
Clearwater
FL
Capital City Bank
TALLAHASSEE
FL
Campus USA CU
JONESVILLE
FL
Preferred Community Bank
FORT MYERS
FL
Florida Business Bank
MELBOURNE
FL
Insight CU
WINTER
SPRINGS
FL
First National Bank Northwest Florida
PANAMA CITY
FL
Florida CU
GAINESVILLE
FL
San Antonio Citizens FCU
SAN ANTONIO
FL
Interamerican Bank, FSB
MIAMI
FL
Banco Do Brasil Americas
MIAMI
FL
Synovus Bank
COLUMBUS
GA
IBERIABANK
LAFAYETTE
LA
Hancock Whitney Bank
GULFPORT
MS
BancorpSouth Bank
TUPELO
MS
Peoples Bank
MENDENHALL
MS
First-Citizens Bank & Trust Company
RALEIGH
NC
Bank of America, National Association
CHARLOTTE
NC
Trustco Bank
GLENVILLE
NY
JPMorgan Chase Bank, National Association
COLUMBUS
OH
Fifth Third Bank
CINCINNATI
OH
KeyBank National Association
CLEVELAND
OH
U.S. Bank, National Association
Cincinnati
OH
Wells Fargo Bank, National Association
SIOUX FALLS
SD
Citibank, N.A.
SIOUX FALLS
SD
Comerica Bank
DALLAS
TX
HSBC Bank USA, National Association
MCLEAN
VA
Northwest FCU
HERNDON
VA
Capital One, National Association
MCLEAN
VA
Navy FCU
VIENNA
VA