Who qualifies for the SBA Express veteran fee waiver?
Short answer
A business owned and controlled by a veteran or a veteran's spouse (13 CFR 120.220(a)(3)). SOP 50 10 8.1, Sec. A, Ch. 4, Para. C.1 also lists service-disabled veterans, active-duty members in the Transition Assistance Program, their spouses and certain widowed spouses.
A business qualifies when a veteran or a veteran's spouse owns and controls it (13 CFR 120.220(a)(3); Information Notice 5000-881797, p. 3).
Who the SOP lists
SOP 50 10 8.1, Sec. A, Ch. 4, Para. C.1 names these owners:
- Veterans, other than a veteran who received a Dishonorable or Bad Conduct Discharge.
- Service-Disabled Veterans.
- Active Duty service members in the military's Transition Assistance Program.
- Spouses of a veteran or Active Duty service member.
- Widowed spouses of a service member who died in service or of a service-connected disability.
What "owned and controlled" means
Appendix 3 cites section 3(q) of the Small Business Act. One or more veterans must own at least 51 percent of the business, or of the stock of a corporation. Veterans must also control management and daily operations. The SOP does not spell out how that test applies to a spouse, so ask the lender.
What "veteran" means
Appendix 3 uses the Title 38 definition. A veteran served in the active military, naval or air service, including reserve components. The person was discharged or released under conditions other than dishonorable.
Proof
The lender must document eligibility (Notice 5000-881797, p. 3). The veteran box on SBA Form 1919 is optional and for program reporting only, so ask what proof your lender accepts.
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