The supply chain is a mess, inflation is at a 30-year high, and businesses are spending more on supplies and labor. Those added costs, just as we come out of the pandemic, can make paying your bills difficult. If your SBA loan is among them, don't fret – help is available.
The U.S. Small Business Administration (SBA) has programs on the books to aid struggling borrowers. You can get a loan modification in some cases and a settlement in others. Both come with their own set of ramifications. If you are among the small business owners who might default on your SBA loan, here's everything you should know.
1. You can talk to your bank about your loan payments (not the SBA).
Even though your loan is called an SBA loan, your lender is the one that makes day-to-day servicing decisions, not the SBA. If you're struggling to make payments, you'll need to plead your case to your bank.
There are typically two types of assistance that a lender can offer: a modification or a deferment.
Loan modification
A modification most frequently comes in the form of a term extension, which pushes back the loan's maturity date. If your loan now matures in 10 years instead of five, you'll see a significant reduction in monthly payments.
Deferment
A loan deferment is a more short-term solution. Deferments are usually available for periods of three to six months, or occasionally up to 12. Deferments are intended for short-term issues like a water pipe burst that shuts you down for a month or a major order that sucked up all your working capital.
When you speak with your bank about a loan modification or deferment, remember, you catch more flies with honey than with vinegar. In other words, be nice. It helps. While there are times when you should push back on the lender or take an aggressive approach, that shouldn't be your default approach. Be courteous, return calls promptly, and send the lender the information it needs on time. Making your lender's life easier can never hurt.
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2. The SBA will consider settlements.
Modifications and deferments are great for blips and hiccups, but when a business is bleeding cash with no end in sight, a deferment is akin to a Band-Aid on a broken leg – it's not enough. In many cases, the only way to solve the problem is to shut down the business. That's never an easy decision, but often it can be the right one.
Once your business closes, ideally that would be the end of it. Unfortunately, it's not. The overwhelming majority of SBA loans require personal guarantees, which means that even if your business is closed, the onus is on you to make good on the debt.
While the bad news is that you're potentially on the hook for a significant sum of cash, the good news is that the government understands it can't get blood from a stone. That's why the SBA is willing to consider settlements, a process known as "offer in compromise" (OIC).
It's important to note that an OIC is not a right, and not everyone is eligible. There's a lengthy list of factors that determine whether the SBA will consider some level of forgiveness, but in short, the borrower must demonstrate financial hardship and an inability to repay the debt over a reasonable period of time.
3. Settlements are based on a few broad concepts.
A settlement should bear a reasonable relationship to the amount recoverable through enforced collection. Essentially, the SBA compares your offer to the amount it thinks it could get if it sues you. Can it levy your bank account or garnish your wages? If so, keep that in mind when devising your offer. It helps if you don't have assets that can be garnished, but that doesn't mean you are off the hook.
Don't lean too much on the point above. You can't thumb your nose at the lender because all your assets are sitting in a 401(k) retirement account. To qualify for a settlement, you must demonstrate financial hardship and a lack of ability to pay. This means that even though the SBA can't force you to crack open your piggy bank, you may need to do it yourself if you hope to settle.
The amount you settle for will be directly tied to your personal financial situation. There is no arbitrary percentage that will make them say yes or no to an offer. The bank and SBA will require full financial disclosure, including a special personal financial statement (SBA Form 770), tax returns and bank statements.
If you fail to work out a deal with your lender or the SBA, the treasury will base its settlements on an arbitrary percentage. Also, settlements are based on what you can afford, not what will be convenient for you, so don't expect it to be easy or cheap.
4. Settlements come with strings attached.
While settling your debt is a positive thing for both your finances and your psyche, it's not all rainbows and unicorns. These stipulations are worth knowing about:
- SBA debt forgiveness may be taxable. If a lender forgives a portion of the debt, you may receive a 1099 for that amount. The SBA also sometimes reports settlements to the credit bureaus. You may be able to dispute it on the basis that it was not a consumer debt.
- You'll land on a government blacklist. The government maintains a list of borrowers who have defaulted on various obligations called CAIVRS (Credit Alert Verification Reporting System).
What happens if you default on an SBA loan?
If you don't respond to your demand letter, the SBA sends your debt to the U.S. Treasury Department for collections under the Treasury Offset Program.
If your debt goes to the Treasury Department, there are several ways it can collect your outstanding debt:
- Wage garnishment
- Social Security benefits garnishment (or other retirement benefits)
- Withholding federal income tax refunds
- Offsetting your bank account(s)
Since your loan belongs to the federal government, there's no statute of limitations on how long your loan can be in collections, and the government doesn't need a judgment to institute garnishment. You might be able to settle with the Treasury Department, but it's not likely. And if you do, it'll be for much more than what the SBA would have settled for.
What are the alternatives to defaulting on your SBA loan?
Defaulting on your SBA loan should be a last resort. It often means your business is in grave danger. As soon as you start struggling to make your loan payments, identify ways to manage your cash flow better. Cut costs, renegotiate with vendors, and reduce the hours your staff work. You can also reduce the salary you draw from your business to shore up cash. Other options include selling off equipment or consolidating existing loans to get better terms. A sad but realistic option may be selling the business and using the cash to pay off the debt.
While nobody takes out an SBA loan expecting their business to fail, it happens every day. Is it a fun situation to navigate? Decidedly not. But the good news is that if your business begins to struggle and you're contemplating shutting your doors, settling your SBA loan might be an option.
Jason Milleisen contributed to the writing and research in this article.