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ARTICLE · 09 JANUARY 2019

SBA NOTICE: Small Business Runway Extension Not Effective Until Rulemaking

To ring in the new year, we have an important update on the Small Business Runway Extension Act. Effective Dec. 21, 2018, Small Business Administration (SBA) issued an internal notice that the Small Business Runway Extension Act is not effective until its rulemaking is completed.

United StatesGovernment, Public Sector

David S Black is a Partner in our Tysons office.

Mitchell A Bashur is an Associate in our Tysons office.

To ring in the new year, we have an important update on the Small Business Runway Extension Act. Effective Dec. 21, 2018, Small Business Administration (SBA) issued an internal notice that the Small Business Runway Extension Act is not effective until its rulemaking is completed. Instead, it is SBA's view that the three-year trailing average for size eligibility based on revenue remains in place for now.

As we previously covered, on Dec. 17, 2018, the President signed the Small Business Runway Extension Act, which amended the Small Business Act to change the size lookback for small business size standards from three to five years. This will reduce the impact of years wherein businesses experience unexpectedly rapid growth, often causing them to prematurely lose their small business status.

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