PAYCHECK PROTECTION PROGRAM: FOR SELF-EMPLOYED AND INDEPENDENT CONTRACTORS

Jun 26, 2020

PAYCHECK PROTECTION PROGRAM: FOR SELF-EMPLOYED AND INDEPENDENT CONTRACTORS

Source: 
SBA - U.S. Small Business Administration

Who is eligible?

You are eligible for a PPP loan if all of the following apply: 

  • you were in operation on February 15, 2020; 
  • you are an individual with self-employment income (such as an independent contractor or a sole proprietor); 
  • your principal place of residence is in the United States; 
  • you filed or will file a Form 1040 Schedule C for 2019. 

SBA will issue additional guidance for those individuals with self-employment income who: (i) were not in operation in 2019 but who were in operation on February 15, 2020, and (ii) will file a Form 1040 Schedule C for 2020. 

What if I am in a partnership?

If you are a partner in a partnership, you may not submit a separate PPP loan application for yourself as a self-employed individual. Instead, the self-employment income of general active partners may be reported as a payroll cost, up to $100,000 annualized, on a PPP loan application filed by or on behalf of the partnership. 

Can I file for unemployment and receive a PPP loan?

Participation in the PPP may affect your eligibility for state-administered unemployment compensation or unemployment assistance programs, including the programs authorized by the CARES Act.

How do I calculate the maximum amount I can borrow and what documentation is required? 

How you calculate your maximum loan amount depends upon whether you employ other individuals. 

If you have no employees, the following methodology should be used to calculate your maximum loan amount: 

  • Step 1: Find your 2019 IRS Form 1040 Schedule C line 31 net profit amount (if you have not yet filed a 2019 return, fill it out and compute the value). If this amount is over $100,000, reduce it to $100,000. If this amount is zero or less, you are not eligible for a PPP loan. ii. 
  • Step 2: Calculate the average monthly net profit amount (divide the amount from Step 1 by 12). 
  • Step 3: Multiply the average monthly net profit amount from Step 2 by 2.5.
  • Step 4: Add the outstanding amount of any Economic Injury Disaster Loan (EIDL) made between January 31, 2020 and April 3, 2020 that you seek to refinance, less the amount of any advance under an EIDL COVID-19 loan (because it does not have to be repaid).

You must provide the 2019 Form 1040 Schedule C with your PPP loan application even if you have not filed it with the IRS. You also must provide a 2019 IRS Form 1099-MISC detailing nonemployee compensation received (box 7), invoice, bank statement, or book of record that 7 establishes you are self-employed. You must provide a 2020 invoice, bank statement, or book of record to establish you were in operation on or around February 15, 2020. 

If you have employees, the following methodology should be used to calculate your maximum loan amount: 

  • Step 1: Compute 2019 payroll by adding the following: 
    • a. Your 2019 Form 1040 Schedule C line 31 net profit amount (if you have not yet filed a 2019 return, fill it out and compute the value), up to $100,000 annualized, if this amount is over $100,000, reduce it to $100,000, if this amount is less than zero, set this amount at zero; 
    • b. 2019 gross wages and tips paid to your employees whose principal place of residence is in the United States computed using 2019 IRS Form 941 Taxable Medicare wages & tips (line 5c- column 1) from each quarter plus any pre-tax employee contributions for health insurance or other fringe benefits excluded from Taxable Medicare wages & tips; subtract any amounts paid to any individual employee in excess of $100,000 annualized and any amounts paid to any employee whose principal place of residence is outside the United States; and 
    • c. 2019 employer health insurance contributions (health insurance component of Form 1040 Schedule C line 14), retirement contributions (Form 1040 Schedule C line 19), and state and local taxes assessed on employee compensation (primarily under state laws commonly referred to as the State Unemployment Tax Act or SUTA from state quarterly wage reporting forms). 8 ii. 
  • Step 2: Calculate the average monthly amount (divide the amount from Step 1 by 12). 
  • Step 3: Multiply the average monthly amount from Step 2 by 2.5. 
  • Step 4: Add the outstanding amount of any EIDL made between January 31, 2020 and April 3, 2020 that you seek to refinance, less the amount of any advance under an EIDL COVID-19 loan (because it does not have to be repaid). 

How can PPP proceeds be used for the self-employed?

The proceeds of a PPP loan are to be used for the following. 

  • Owner compensation replacement, calculated based on 2019 net profit as described above.
  • Employee payroll costs (as defined in the First PPP Interim Final Rule) for employees whose principal place of residence is in the United States, if you have employees. 
  • Mortgage interest payments (but not mortgage prepayments or principal payments) on any business mortgage obligation on real or personal property (e.g., the interest on your mortgage for the warehouse you purchased to store business equipment or the interest on an auto loan for a vehicle you use to perform your business), business rent payments (e.g., the warehouse where you store business equipment or the vehicle you use to perform your business), and business utility payments (e.g., the cost of electricity in the warehouse you rent or gas you use driving your business vehicle). 
  • You must have claimed or be entitled to claim a deduction for such expenses on your 2019 Form 1040 Schedule C for them to be a permissible use during the eight-week period following the first disbursement of the loan. For example, if you did not claim or are not entitled to claim utilities expenses on your 2019 Form 1040 Schedule C, you cannot use the proceeds for utilities during the covered period.
  • Interest payments on any other debt obligations that were incurred before February 15, 2020 (such amounts are not eligible for PPP loan forgiveness). 
  • Refinancing an SBA EIDL loan made between January 31, 2020 and April 3, 2020 (maturity will be reset to PPP’s maturity of two years). If you received an SBA EIDL loan from January 31, 2020 through April 3, 2020, you can apply for a PPP loan. If your EIDL loan was not used for payroll costs, it does not affect your eligibility for a PPP loan. If your EIDL loan was used for payroll costs, your PPP loan must be used to refinance your EIDL loan. Proceeds from any advance up to $10,000 on the EIDL loan will be deducted from the loan forgiveness amount on the PPP loan. 

What can be forgiven? 

All of the above, with the exception of interest payments on other debt obligations noted above. 

Posted in COVID-19 Resource.