13 CFR § 121.107 - How does SBA determine a concern's “primary industry”?

---
identifier: "/us/cfr/t13/s121.107"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "13 CFR § 121.107 - How does SBA determine a concern's “primary industry”?"
title_number: 13
title_name: "Business Credit and Assistance"
section_number: "121.107"
section_name: "How does SBA determine a concern's “primary industry”?"
chapter_name: "SMALL BUSINESS ADMINISTRATION"
part_number: "121"
part_name: "SMALL BUSINESS SIZE REGULATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9)."
regulatory_source: "61 FR 3286, Jan. 31, 1996, unless otherwise noted."
cfr_part: "121"
---


# 121.107 How does SBA determine a concern's “primary industry”?

In determining the primary industry in which a concern or a concern combined with its affiliates is engaged, SBA considers the distribution of receipts, employees and costs of doing business among the different industries in which business operations occurred for the most recently completed fiscal year. SBA may also consider other factors, such as the distribution of patents, contract awards, and assets.