Franchise FAQ

can franchises apply for ppp

by Dr. Keeley Macejkovic Published 2 years ago Updated 1 year ago
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Under the CARES Act, individual owners of franchise businesses can apply for Paycheck Protection Program (PPP) loans due to the waiver of so-called “affiliate rules” for franchises. Hotels and restaurants are allowed to apply on a per-location basis.

Can franchisors apply for PPP loans?

That allows for independently-owned and operated franchises to apply for PPP loans; without it, these independently-owned franchise businesses who operate under the same brand wouldn’t be eligible since only one business in the franchise system could apply.

Why is a franchised business not aggregated under the PPP?

Under the PPP, a franchised business will not be aggregated if the franchise program has been assigned a franchise identifier code by the SBA (i.e., the franchise system is listed on the SBA Franchise Directory).

How many SBA PPP loans can a franchisee apply for?

If a franchise brand is listed on the SBA Franchise Directory, each of its franchisees that meets the applicable size standard can apply for a PPP loan. Franchisors do not apply on behalf of each of its franchisees. The $10 million cap is a limit per franchisee, and each franchisee is limited to one PPP loan.

Can franchisees apply for Paycheck Protection Program Loans?

Under the CARES Act, franchise businesses can apply for Paycheck Protection Program (PPP) loans on a per-location basis.

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What business is not eligible for PPP?

PPP Specific Industries, Activities, and Other Factors: The following activities and industries make a business ineligible: illegal activity under federal, state, or local law; household employer (individuals who employ household employees such as nannies or housekeepers);

What businesses are eligible for PPP?

Any small business with 500 or fewer employees might have been eligible for relief. This includes small businesses, S corporations, C corporations, LLCs, private nonprofits, faith-based organizations, tribal groups and veteran groups.

Can LLC get PPP?

If you are an LLC with multiple members, you'll be applying for the PPP as a partnership (unless you've filed Form 2553 to the IRS, in which case you'll be filing as an S corp). Previously, partnerships were only eligible to apply for a PPP loan to cover payroll expenses.

Can I get PPP for all my businesses?

PPP Maximum Loan Amounts The SBA is very clear that “If affiliation exists, SBA's loan maximums apply to the applicant business, including all affiliates, as if all were a single business.” The CARES Act raises the maximum loan amount under PPP to $10 million.

Is PPP Back Open 2022?

Unfortunately, PPP loans in 2022 aren't happening –– eligibility for the program ended in May 2021 and there are no signs of it coming back. There are other options for securing small business funding besides PPP loans. Read on to learn about your options for how to get the funding you need.

Do startups qualify for PPP?

Businesses must also have 300 or fewer employees and have used up their first PPP loan or expect to use it up by the time they receive the second loan. A second loan can be up to $2 million. Startups that received PPP loans last year included Karma Automotive, Turo, and Mixpanel, according to CNBC.

Can I get PPP loan with no employees?

For sole proprietors or independent contractors with no employees, the maximum possible PPP loan is therefore $20,833, and the entire amount is automatically eligible for forgiveness as owner compensation share.

Do PPP loans have to be paid back?

PPP loans (the full principal amount and any accrued interest) may be fully forgiven, meaning they do not have to be repaid. If you do not apply for forgiveness, you will have to repay the loan.

Can I get a PPP loan if I don't have employees?

You don't need employees to qualify for loan forgiveness under the Paycheck Protection Program. The PPP has specific rules for self-employed workers, independent contractors, and gig workers that allow them to reclaim salary lost due to the pandemic.

Is PPP still available 2022?

Notice: The Paycheck Protection Program (PPP) ended on May 31, 2021. Existing borrowers may be eligible for PPP loan forgiveness. SBA also offers additional COVID-19 relief.

Can self-employed use PPP loan to pay themselves?

You can use the PPP funds to pay yourself through what's called owner compensation share or proprietor costs. This is to compensate you for a loss of business income. To take the full amount of owner compensation share, you will have to use a covered period of at least 11 weeks weeks.

How do I know if my business qualifies for PPP?

Who Qualifies for a Paycheck Protection Program (PPP) Loan?any business with 500 or fewer employees whose principal place of residence is in the United States.sole proprietors, independent contractors, or self-employed persons, and.More items...

How do I know if my business qualifies for PPP?

Who Qualifies for a Paycheck Protection Program (PPP) Loan?any business with 500 or fewer employees whose principal place of residence is in the United States.sole proprietors, independent contractors, or self-employed persons, and.More items...

Is PPP still available 2022?

Notice: The Paycheck Protection Program (PPP) ended on May 31, 2021. Existing borrowers may be eligible for PPP loan forgiveness. SBA also offers additional COVID-19 relief.

Who is eligible for Round 3 PPP?

PPP Round 3 applies to businesses with 500 or fewer employees, or if you're getting a second draw loan, 300 or fewer. They also apply to businesses that are categorized as being “Accommodation or Food Services” and have 500 or fewer employees per location (300 if you need a second draw loan).

Can self-employed use PPP loan to pay themselves?

You can use the PPP funds to pay yourself through what's called owner compensation share or proprietor costs. This is to compensate you for a loss of business income. To take the full amount of owner compensation share, you will have to use a covered period of at least 11 weeks weeks.

Is a franchise a minority business?

No, in fact the vast majority are small business owners in every sense. According to industry research firm FRANdata, 75% of all franchise owners have fewer than 20 employees. Franchising is also more diverse than non-franchise businesses: according to U.S. Census data, nearly 30% of franchises are minority-owned, compared to 18% of non-franchised businesses.

Can franchises apply for PPP?

That allows for independently-owned and operated franchises to apply for PPP loans; without it, these independently-owned franchise businesses who operate under the same “affiliated” brand wouldn’t be eligible since only one business in the franchise system could apply. As with all PPP loans, loans going to franchise businesses require 60% ...

Can a franchisee take a PPP loan?

Since the corporate business is a separate business from its franchisees, the corporate office may be eligible for a PPP loan to ensure that corporate office employees can remain on payroll. Some franchise brands can take loans on behalf of locations they operate directly.

Is Starbucks a PPP company?

No. Some chains, like Shake Shack and Starbucks, are wholly corporately owned. When a corporate chain applies for a PPP loan by location, all the loan funding goes to the corporate entity.

Is 90% of franchise money local?

No, this could not be further from the economic truth. 90% of the money generated by franchises stays local, where it is locally shared, locally invested, and leads to growth in the community. Most franchise agreements are structured so that the individual business owner pays an upfront initial franchise fee, and then a small percentage of royalties to the franchise brand annually throughout the life of their contract. The idea that corporate HQ's just "siphon" money - including PPP money - away from individual franchise owners and local communities is preposterous and simply not true.

What is the PPP increase?

On April 23, 2020, the House passed the Paycheck Protection Program Increase Act of 2020 after the Senate unanimously passed the legislation on April 21. The new act adds an additional $310 billion to fund the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief and Economic Security Act (CARES Act). President Trump has committed to signing the act into law. The act sets aside $60 billion for community-based and smaller lenders to assist smaller businesses that were unable to access PPP funds during the first round of loans.

Why did the PPP run out of funds?

Because of overwhelming demand from businesses applying for loans through the PPP since the program’s April 3, 2020 launch, last week the PPP ran out of funds. This prompted Congress to develop a plan to replenish the funds to continue the program.

How do I apply?

Businesses may apply for the PPP through any existing SBA 7 (a) lender or other participating financial institution from now until June 30, 2020, but the SBA has warned in its Interim Final Rule on the PPP that the loans are first-come, first-served. As recent events have demonstrated, funds are being allocated very quickly. The PPP Borrower Application Form is available here.

What happens if a franchise is not listed on the SBA Franchise Directory?

If a franchised business is not listed on the SBA Franchise Directory, the SBA’s affiliation rules will apply to determine whether the franchised business will be aggregated for purposes of determining PPP eligibility. If affiliation is found within a franchise system, the businesses will be aggregated. As a result, franchisors and franchisees may be disqualified from obtaining relief under the PPP, or the franchisors and franchisees may face delays in the application process as a result of having to challenge the affiliation determination if the franchised business is not listed on the SBA Franchise Directory.

How to list on SBA franchise directory?

Listing on the SBA Franchise Directory under the traditional category is obtained through an application by the franchisor. The franchisor must typically submit its franchise agreement and FDD. In lieu of submitting its franchise agreement, the franchisor may agree to use a form SBA addendum to the franchise agreement, which removes the disqualifying control provisions from the franchise agreement, to bypass the affiliation determination and be added to the SBA Franchise Directory. Alternatively, the franchisor may negotiate the terms of an addendum with the SBA, removing the disqualifying franchise agreement provisions.

What are the two categories of SBA franchises?

There are now two separate categories on the SBA Franchise Directory: 1) the traditional category, applicable to SBA 7 (a) loans and PPP loans; and 2) the new category, applicable solely to PPP loans.

What is an affiliate test?

Traditionally, the SBA has used an “affiliation” test to assess whether a business’s affiliates will be considered part of the same entity in order to determine eligibility for SBA-administered loan programs (i.e., whether the entity is a small business concern or, in this case, has more than 500 employees). According to the SBA, “affiliation exists when one business controls or has the power to control both businesses. Control may arise through ownership, management, or other relationships or interactions between the parties.”

What is a franchise?

A: Franchising is an arrangement where a name brand company grants a local entrepreneur the right to use its business name, trademarks, and processes to produce and market a good or service. The business owner usually pays a one-time fee and a percentage of sales revenue as royalty. Typically, the brand provides national advertising and support, while the independent owner is responsible for day-to-day operations of the business, including hiring and scheduling employees.

Is a franchise a minority business?

A: No, in fact the vast majority are small business owners in every sense. According to industry research firm FRANdata, 75% of all franchise owners have fewer than 20 employees. Franchising is also more diverse than non-franchise businesses: according to U.S. Census data, nearly 30% of franchises are minority-owned, compared to 18% of non-franchised businesses.

Do franchises get PPP?

A: No. The International Franchise Association conducted a survey of its membership and found that only 11% of franchise owners have received PPP funding. These are small businesses that are trying to keep their employees on payroll but cannot do so because they do not have funding and do not have customers to bring in revenue.

Can a franchise business apply for PPP?

A: Under the CARES Act, franchise businesses can apply for Paycheck Protection Program (PPP) loans on a per-location basis. That allows for independently-owned and operated franchises to apply for PPP loans; without it, these independently-owned franchise businesses who operate under the same brand wouldn’t be eligible since only one business in the Franchise system could apply. As with all PPP loans, loans going to franchise businesses require 75% of the loan amount to be spent on employee payroll.

Does IFA have a PPP loan?

A: Yes, IFA’s goals for the PPP loan program are outlined in this letter from the Economic Innovation Group. They are focused on increasing access and effectives for businesses who need PPP loans.

What are the rules for PPP?

On April 14, 2020, the SBA issued additional Interim Rules, which confirm and clarify eligibility of the following: 1 Businesses who have certain directors or certain equity holders that sit on the board of directors of PPP Lenders; and 2 Businesses that receive legal gaming revenues.

How many loans are guaranteed under PPP?

The Small Business Administration ("SBA") has guaranteed over one million loans under the Paycheck Protection Program ("PPP") through April 13, 2020. Over 4,600 lenders throughout the U.S. have been tasked with serving as conduits for distributing $350 billion in federal loan funds made available for the PPP, with 85% of those funds having already ...

What information is required for a PPP loan?

Lenders are required to collect owner name, title, ownership percentage, TIN/SSN, and address for each owner of 20% ownership stake in any applicant for a PPP loan. If a PPP loan is being made to a new customer, the lender's collection of such information will satisfy the BSA and FinCEN regulations regarding collection of beneficial ownership information. If any ownership interest of 20% or greater in the applicant business belongs to a business or other legal entity, lenders must collect appropriate beneficial ownership information for that entity as well.

Can a franchisee apply for a PPP loan?

If a franchise brand is listed on the SBA Franchise Directory, each of its franchisees that meets the applicable size standard can apply for a PPP loan. Franchisors do not apply on behalf of each of its franchisees. The $10 million cap is a limit per franchisee, and each franchisee is limited to one PPP loan.

Who has a responsibility to collect information and certifications contained in the Borrower Application Form?

Lenders have a responsibility to collect the information and certifications contained in the Borrower Application Form, and must have fulfilled its obligations set forth in the PPP Interim Final Rule before submitting a PPP loan application to SBA through E-Tran.

Do you need a written statement for a PPP loan?

However, for PPP loans, no such written statement is required.

When will the SBA start taking PPP loans?

On April 3, 2020, banks commenced taking applications for the Small Business Administration’s (“SBA”), Paycheck Protection Program (the “PPP”) loans, as provided in the Coronavirus Aid, Relief, and Economic Security Act aka the CARES Act . At the highest level, the PPP allows eligible businesses to borrow up to 2.5x average monthly payroll costs from the last year, subject to a $10 million cap.

Why is the SBA's PPP determination important?

Affiliation determinations are significant under the PPP because the applicant and each “affiliate” is viewed as one business for purposes of calculating the number of employees.

When are entities affiliates?

Under the SBA’s PPP guidance, entities are affiliates when one controls or has the power to control the other, or a third party has the power to control both. It does not matter if control is exercised, just that it may be exercised.

Can a franchise business get a PPP loan?

Under the guidance, a franchised business is eligible for a PPP loan, but if the franchise system has over 500 employees and the franchisor is not listed on the Registry, it is possible the SBA may apply the affiliation rules. At this point, it is not certain.

When are PPP loans required?

Businesses who apply for the PPP loans are required to be in existence since, at the very least, February 15, 2020.

What is PPP loan?

Expenses on the supplier: PPP loan covers the expenditure cost for your suppliers, such as purchase orders, goods orders, and other critical business expenses. Worker Protection expenses: feel free to spend for the personal protective equipment and similar expenses entitled to federal health and safety guidelines and local guidelines for COVID-19.

How Will the PPP Funds Distribute in 2022?

Under the second PPP round, SBA received $248 billion to support first and second PPP loan borrowers.

When did the PPP second round start?

Economic Aid to Hard Small Business, Nonprofits, and Venues Act. The government launched the “Economic Aid to Hard Small Business, Nonprofits, and Venues act” on December 27, 2020, under which the second round to PPP, which was in existence from march to august 2020. Good accounting and bookkeeping services are mandatory to keep proper track ...

When will paycheck protection be available in 2021?

April 15, 2021. May 20, 2021. Loans. You could benefit from the paycheck Protection programs only if your business was in operation by February 15, 2020. To benefit from this incredible program, you need accounting and bookkeeping services to display your financial records correctly. PPP enables an incentive for small business owners ...

When did PPP start?

PPP enables an incentive for small business owners to retain their employees on the payroll. PPP was introduced in March 2020, allowing loans to small businesses and sole contractors to cover up their payroll costs for up to eight weeks.

Can I apply for PPP if I am a sole proprietor?

You can apply for the new PPP loan if you are a sole proprietor, Independent Contractor, or self-employed. Hospitality and food services business with NAICS codes starting from 72, who have less than 300 employees per physical location.

How to apply for loan forgiveness for PPP?

To apply for loan forgiveness: 1. Contact your PPP lender and complete the correct form: Your lender can provide you with either the SBA Form 3508, SBA Form 3508EZ, SBA Form 3508S, or a lender equivalent. The 3508EZ and the 3508S are shortened versions of the application for borrowers who meet specific requirements.

How long can you apply for PPP forgiveness?

A borrower can apply for forgiveness once all loan proceeds for which the borrower is requesting forgiveness have been used. Borrowers can apply for forgiveness any time up to the maturity date of the loan. If borrowers do not apply for forgiveness within 10 months after the last day of the covered period, then PPP loan payments are no longer ...

What percentage of PPP loan proceeds are spent on payroll?

The loan proceeds are spent on payroll costs and other eligible expenses; and. At least 60% of the proceeds are spent on payroll costs.

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