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Financial Shield for Small and Medium Entrepreneurs

In one of the previous posts I presented the principles of getting help within the financial shield by micro-entrepreneurs. Today I would like to concentrate on small and medium entrepreneurs. They also can file application for low-interest subsidy. Over 50 billion PLN is dedicated for help for this category of entrepreneurs.

Beneficiaries

For support in the scope described below, can apply entrepreneurs who:

  1. employ from 10 to 49 employees or
  2. their annual turn-over is at least 2 million EUR, but no more than 50 million EUR.

Entrepreneurs being under any of the above thresholds are micro-entrepreneurs and may apply for help on the rules described in this post. Entrepreneurs employing more employees or having higher turn-over, are big entrepreneurs and they are not covered by the financial shield. Persons cooperating with the entrepreneur on other basis than employment contract, are not considered to be employees.

Requirements

Criteria for small and medium entrepreneurs are the same as for micro-entrepreneurs, which I described in this post. To summarize – turn-over decrease by at least 25% in connection with COVID-19, business activity at least since December 31st, 2019, business activity (and tax residence) in Poland and no unpaid taxes and social security fees, are required.

Application, Decision and Agreement

In this scope the rules ale also the same as for micro-entrepreneurs.

Amount of Subsidy and Rules of Return

Differences appear with respect to the amount of subsidy. No specific fee is determined as maximum subsidy for small or medium entrepreneur. Every case is analyzed separately and for every beneficiary the maximum amount of help is determined individually on the basis of revenues decrease caused by the coronavirus and the level of revenues earned in 2019.

Within the process of maximum subsidy determination, there are four thresholds of revenue decrease (in comparison to revenue earned in 2019):

  1. decrease by less than 25% – no subsidy for the entrepreneur;
  2. decrease by at least 25% but no more than 50% – maximum subsidy amounts to 4% of revenue earned in 2019;
  3. decrease by at least 50% but no more than 75% – maximum subsidy amounts to 6% of revenue earned in 2019;
  4. decrease by at least 75% – maximum subsidy amounts to 8% of revenue earned in 2019.

In no of the above cases the subsidy cannot be higher than 3.5 million PLN.

If within 12 months after granting the subsidy, the entrepreneur stops business activity or goes under liquidation, bankruptcy or restructuring proceedings, they will be obliged to return the full amount of the subsidy. However, if business activity will be continued, the following rules shall apply:

  1. 25% of the subsidy shall be returned by the entrepreneur;
  2. next 25% of the subsidy may be decreased by the entrepreneur’s loss on sale in the period of 12 months starting from the first month in which the entrepreneur had loss after February 1st, 2020 or after the month in which the subsidy was granted;
  3. next 25% of the subsidy may be decreased (or completely redeemed) if the entrepreneur within 12 full calendar months from the end of the calendar month preceding filing of the application for subsidy, keeps the employment rate on the relevant level (in comparison to the average employment rate calculated as the average number of employees on December 31st, 2019 and July 30th, 2019):
    1. employment rate on the level higher than 100% – 25% of the subsidy will be completely redeemed,
    2. employment rate on the level between 50% and 100% – 25% of the subsidy will be decreased proportionally to the level of employment reduction,
    3. employment rate on the level lower than 50% – 25% of the subsidy will have to be returned in full.

In the best case the entrepreneur will have to return only 25% of the subsidy and the remaining 75% will be redemeed. The part of the subsidy subject to return should be paid in 24 equal monthly instalments. First payment should be made in 13th calendar month after the date when the entrepreneur received the subsidy. Interest from capital will be not be charged, however if the entrepreneur is late with payment, late payment interest will be added to the amount of returned subsidy.

The subsidy can be spend only according to the rules of the program. In general – it can be used only to pay costs connected with business activity.

Tomasz Korolko

Partner

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