What Counts as a Small Business?

1. Current SBA Definitions

General Standard:

Industry Variations:

Affiliate Rules:

  • Must include employees/receipts of all affiliates when determining business size SBALendingTree
  • Affiliation exists with 50%+ ownership or contractual control SBA

Scale:

  • 98% of US small businesses have fewer than 20 employees Cochamber
  • Over 27 million businesses have no employees (owner-only) Cochamber

Sources: SBA, IRS, LendingTree, Shopify, and Colorado Chamber

2. The Problem

Private Equity Shell Games:

  • PE firm buys 100 restaurants
  • Creates separate LLCs for each location
  • Each LLC has 15 employees
  • Each qualifies as "small business"
  • Gets small business loans, grants, and tax breaks
  • Total: 1,500 employees under same ownership
  • NOT a small business — it's a disguised corporation

Franchise Monopolies:

  • McDonald's franchisee owns 50 locations
  • Each location is a separate LLC
  • Each "qualifies" as a small business
  • Owner is a millionaire, and controls the $50M+ operation
  • Gets small business benefits meant for mom-and-pop shops

Tech Platform Manipulation:

  • Amazon Marketplace "sellers"
  • Actually Amazon subsidiaries
  • Claim to be an independent small businesses
  • Get the small business tax treatment
  • All profits flow to Amazon

Serial Entrepreneur Abuse:

  • Wealthy investor owns 20 "small businesses"
  • Each under different family member's name
  • Total: $100M empire
  • Each business claims small business status
  • Avoids taxes and gets subsidies

The Pattern: Large corporations and wealthy individuals game "small business" definition to extract benefits meant for actual Main Street businesses.

3. Our Small Business Definition

TIER 1: Micro Businesses

Full Benefits, Maximum Support

Who Qualifies:

  • Fewer than 10 employees (including owner)
  • Under $1 million annual revenue
  • Single location or online-only
  • Owner works in the business daily
  • Not owned by a larger entity
  • No PE/VC investment
  • Not a a franchise

What They Get:

  • Free website and e-commerce platform
  • Free cybersecurity suite
  • Free payment processing (0% fees)
  • Free incubator services
  • Free Tech Cooperative support
  • Free legal defense
  • $50,000 startup grants
  • 0% loans up to $500K
  • Commercial rent control (3% annual cap)
  • Adaptive reuse priority
  • Zero-interest minority business loans
  • All protections at maximum level

Examples:

  • Corner store
  • Family restaurant
  • Barber shop
  • Freelance designer
  • Local bakery
  • Plumber (solo or small crew)
  • Etsy seller
  • Food truck
  • Tattoo artist
  • Daycare center
TIER 2: Small Businesses

Substantial Benefits, Strong Support

Who Qualifies:

  • 10-50 employees
  • $1-10 million annual revenue
  • Up to 3 locations (all locally owned)
  • Owner actively manages the business
  • Not owned by a corporation/PE/VC
  • Not a franchise (or single franchisee with ≤3 locations)
  • Majority of profits stay with the owner/workers

What They Get:

  • Free website and e-commerce platform
  • Free cybersecurity suite
  • Free payment processing (0% fees)
  • Tech Cooperative support (sliding scale fees)
  • Legal defense coverage
  • 3% interest loans up to $2M
  • Commercial rent control (3% annual cap)
  • Platform fee cap (5% maximum)
  • Supply chain protection
  • Main Street revitalization programs
  • Small Business Bank access
  • Cooperative conversion support

Examples:

  • Independent bookstore with 3 locations
  • Manufacturing shop (50 workers)
  • Regional distributor
  • Restaurant group (2-4 locations with the same owner)
  • Construction company
  • Software consultancy (25 developers)
  • Medical practice (multiple doctors)
  • Auto repair chain (locally owned)

4. Who Does NOT Qualify

EXCLUDED COMPLETELY:

  1. Private Equity Owned:
    • Any business with PE investment
    • Regardless of size
    • PE extracts wealth, doesn't build communities
    • Get ZERO small business benefits
  2. Venture Capital Backed (Over $10M Raised):
    • VC-backed startups aren't "small"
    • They're funded to become monopolies
    • No small business benefits
    • Exception: Under $10M raised, under 100 employees = Tier 2
  3. Corporate Franchises (Large Franchisees):
    • Own 10+ franchise locations = NOT small business
    • Single franchise location = Tier 1
    • 2-3 locations = Tier 2
    • 4-10 locations = Tier 3
    • 10+ locations = Corporate, no benefits
  4. Subsidiary of a Larger Corporation:
    • If owned by company over 500 employees: NOT small
    • If owned by public company: NOT small
    • If owned by multinational: NOT small
    • Absolutely NO shell games allowed
  5. Serial Entrepreneurs (Portfolio Owners):
    • Own 5+ "separate" businesses
    • Total employees >500 OR total revenue >$50M
    • Count ALL businesses combined
    • If combined size exceeds limits: NO benefits
  6. Publicly Traded Companies:
    • If you're on stock exchange: NOT small
    • No exceptions
    • Market cap doesn't matter

5. Anti-Abuse Enforcement

The Affiliate Test:

  • All businesses with a common ownership are counted together
  • All businesses with shared management are counted together
  • All businesses in the same supply chain (controlled) are counted together
  • Family members' businesses are counted together
  • Shell companies are immediately pierced

The Reality Test:

  • Does the owner work in the business? (Required for Tier 1-2)
  • Do all profits stay local? (Required for all tiers)
  • Is this genuinely independent? (Required for all tiers)
  • Or is this corporate/PE disguising as a small business?

Penalties for Fraud:

  • Fraudulently claiming small business status:
    • $1 million fine per instance
    • 5-10 years in prison
    • Lifetime ban from all small business programs
    • Must repay all benefits received + 300% penalty
  • PE firms creating shell "small businesses":
    • $100 million fine
    • RICO prosecution
    • All benefits are clawed back
    • Public exposure and brutal shaming

Verification Process:

  • Annual certification is required
  • Random audits (10% of businesses/year)
  • Whistleblower rewards ($100K for exposing fraud)
  • Public database of all certified small businesses
  • Transparent ownership disclosure

6. Special Categories

Worker Cooperatives:

  • Always qualify if the co-op is under employee limits
  • Regardless of revenue (up to $100M)
  • Get enhanced benefits:
    • Cooperative conversion grants
    • Democratic governance training
    • Access to cooperative capital
    • Network connections
    • Technical assistance

Nonprofit Community Businesses:

  • Qualify if:
    • It serves local community
    • Reinvest profits (not distribute)
    • Under 500 employees
    • Democratic governance OR community board
  • Get Tier 2 benefits
  • Plus nonprofit-specific support

Social Enterprises:

  • Mission-driven businesses
  • B-Corp certified OR community ownership
  • Under 500 employees
  • Transparent impact reporting
  • Get Tier 2-3 benefits based on its size
  • Plus social impact funding

Minority-Owned, Women-Owned, and Veteran-Owned:

  • Enhanced benefits within their tier
  • Additional grants and support
  • Priority access to programs
  • Dedicated resources
  • No quotas, just support

7. Simple Qualification Flowchart

Step 1: Count ALL Employees

  • Your business + all affiliates + all under common ownership
  • Full-time + part-time + contractors (if long-term)
  • Don't lie. We WILL verify.

Step 2: Calculate TOTAL Revenue

  • Your business + all affiliates + all under common ownership
  • Annual revenue for all entities combined
  • Average of the last 3 years

Step 3: Check Ownership

  • Owned by PE/VC/corporation? → NOT QUALIFIED
  • Publicly traded? → NOT QUALIFIED
  • Franchise with 10+ locations? → NOT QUALIFIED
  • Part of larger network? → Count total network

Step 4: Determine Tier

  • Under 10 employees + Under $1M → Tier 1
  • 10-100 employees + $1-10M → Tier 2
  • 100-500 employees + $10-50M → Tier 3
  • Over 500 employees OR over $50M → Not a small business

Step 5: Apply for Certification

  • Submit application
  • Provide ownership documentation
  • Tax returns (3 years)
  • Employee count verification
  • Affiliate disclosure
  • Get certified or denied (30 days)

8. Why These Definitions Matter

Current System is Broken:

  • 27 million businesses in US have no employees. Cochamber
  • 98% of small businesses have fewer than 20 employees. Cochamber
  • But PE firms with 1,500 employees game system claiming each location is "small business."

Our System is Honest:

  • Tier 1 (under 10 employees): THE REAL SMALL BUSINESSES
  • Tier 2 (10-100 employees): Growing independent businesses
  • Tier 3 (100-500 employees): Medium businesses, not small
  • Over 500 OR PE-owned: Corporations, period

Benefits Go to Right People:

  • Free digital infrastructure → Micro businesses (most need it)
  • Zero-interest loans → Real small businesses (can't get bank loans)
  • Commercial rent control → Independent retailers (being displaced)
  • Platform fee caps → Artisans and makers (being exploited)
  • Legal defense → Working-class entrepreneurs (can't afford lawyers)

No More Shell Games:

  • Every business counted honestly.
  • PE can't hide.
  • Corporations can't pretend.
  • Wealth can't game the system.

9. Coalition Building

Why Small Business Owners Will Support This:

Even Tier 3 businesses benefit:

  • Platform fee caps (save millions)
  • Anti-monopoly enforcement (levels the playing field)
  • Supply chain protection
  • Public jobs board
  • Legal defense

Tier 1-2 businesses get everything free.

The Real Enemy:

  • Not medium businesses
  • Not growing startups
  • PRIVATE EQUITY
  • CORPORATE MONOPOLIES
  • WALL STREET EXTRACTION

Small business owner with 200 employees has way more in common with a solo barber than with Blackstone.

10. The Bottom Line

Small business = independently owned, locally rooted, and community-serving.

Period.

Not PE shell companies. Not corporate franchises. Not billionaire portfolio investments.

When we say "The Empire Ends With Us," we mean:

  • No more corporations claiming small business benefits
  • No more PE firms gaming the system
  • No more Main Street exploitation

Our definitions protect:

  • 27 million sole proprietors
  • Millions of micro businesses (under 10 employees)
  • Hundreds of thousands of genuine small businesses
  • Worker cooperatives
  • Community wealth

Not:

  • Private equity vultures
  • Corporate monopolists
  • Franchise empires
  • Billionaire "small business owners"

Real small businesses. Real support. Real accountability.