Coronavirus Economic Stabilization Act (CESA)
In addition to the Paycheck Protection Program Loans and Economic Injury Disaster Loans for small businesses, the CARES Act authorizes up to $500 billion for loans, loan guarantees, and other investments to support eligible businesses, states and municipalities, including emergency relief for qualifying medium-size businesses (500 – 10,000 employees). CESA (Coronavirus Economic Stabilization Act) was created for the purposes of providing liquidity to the financial system that supports lending to eligible businesses, States or municipalities. The total amount appropriated for CESA is $500 billion. Borrowers under these programs may be subject to restrictions, including restrictions related to equity buybacks, dividend payments, executive compensation, and workforce retention.
Loan Forgiveness Provisions
Also, under the CARES Act, small business loan borrowers will be eligible for loan forgiveness, both for new loans under the PPP and for existing 7(a) loans.
For borrowers with existing 7(a) or microloan program loans, the SBA will pay the principal, interest, and any associated loan fees for a 6-month period starting on the loan’s next payment due date. Payment on loans that are on deferment will begin with the first payment after the deferment period (and excludes loans made under the Paycheck Protection Program).
For borrowers under the Paycheck Protection Program, the loan forgiveness will equal the amount spent by the borrower in the 8-week period after the loan origination date on the following items (not to exceed the original principal amount of the loan). The amount forgiven is not considered taxable income to the borrower.
- Payroll costs (not to exceed $100,000 of annualized compensation per employee)
- Payments of interest on any mortgage loan incurred prior to February 15, 2020
- Payment of rent on any lease in force prior to February 15, 2020
- Payment on any utility for which service began before February 15, 2020
The amount forgiven will be reduced proportionally by any reduction in the number of employees retained as compared to the prior year. The proportional reduction in loan forgiveness also applies to reductions in the pay of any employee where the pay reduction exceeds 25 percent of the employee's prior year compensation. A borrower will not be penalized by a reduction in the amount forgiven for termination of an employee made between February 15, 2020 and April 26, 2020, as long as the employee is rehired by June 30, 2020.
Any amount outstanding after considering the amount forgiven will be repayable over a term not to exceed 10 years.
NOTE: The borrower must apply to the lender for loan forgiveness with supporting documentation.