PPP Forgiveness For Self Employed Workers
December 11, 2020
December 11, 2020
As of May 28, 2021, the Paycheck Protection Program has run out of funding. You can learn more about the PPP with our COVID-19 resource hub.
Topic: Two of the most common questions small business owners continue to have are (1) how much money can they dedicate to salary if they are self employed, (2) which of the PPP forgiveness forms should they use when applying for forgiveness, (3) and what supporting documentation they will need to apply.
When it was passed by Congress in late March, one of the most noteworthy elements of the Coronavirus Aid, Relief, and Economic Security Act (also known as the CARES Act)â€”at least to small business ownersâ€”was the Paycheck Protection Program.
The Paycheck Protection Program is an emergency loan program designed to provide financial support to small businesses navigating the fallout from COVID-19. Administered by the U.S. Small Business Administration (SBA), the program, which has overseen approximately $610 billion in PPP loans, was particularly attractive to small businesses for a few reasons. First, unlike other types of loans (like traditional SBA loans or Economic Injury Disaster loans, more commonly known as or EIDL loans), if borrowers used the loan proceeds on eligible expenses during the 24-week covered period, up to 100 percent of the amount of the loan would be eligible for loan forgiveness.
And second, in addition to more traditional small businesses (like S-corporations or LLCs), a variety of people and business types were eligible for PPP loansâ€”including sole proprietors, independent contractors, and other self-employed individuals.
But as 2020 comes to a closeâ€”and the end of the covered period approaches for most borrowersâ€”many self-employed workers have questions about how to qualify for loan forgiveness. For example, what forms do they need to fill out? What documentation do they need to submit? And how much of their PPP funds can they dedicate to owner compensationâ€”and still qualify for full forgiveness?
Letâ€™s take a look at everything self-employed individuals need to know in order to qualify for PPP loan forgiveness:
First things firstâ€”before we jump into how to qualify for loan forgiveness as a self-employed worker, letâ€™s quickly review the general requirements for PPP loan forgiveness.
Eligibility requirements for PPP loan forgiveness include:
In addition to the above eligibility requirements, in order to for the full PPP loan amount to qualify for loan forgiveness, businesses must maintain their workforce, which includes:
Businesses that reduced their number of employees or employee compensation will have their amount of loan forgiveness reduced proportionately.
There are exemptions for businesses that had to lower headcount; for example, under the FTE Reduction Safe Harbor, businesses have until December 31, 2020 to restore their workforce before facing reduced loan forgiveness. In addition, further FTE exemptions were passed with the Paycheck Protection Program Flexibility Act, which allow employers to qualify for full loan forgiveness if they can document, in good faith, that theyâ€™ve been unable to return to their standard level of business activity due to COVID-19 safety protocols or theyâ€™ve been unable to rehire former employees and are unable to find qualified workers to fill open positions.
While many self-employed workers work alone and/or donâ€™t have employees, some employ other workers on their teamâ€”in which case, the above workforce requirements and exemptions would apply.
One of the biggest loan forgiveness FAQs for self-employed workers has to do with how their loan proceeds can be allocated in order to qualify for full loan forgiveness. Unlike other small businesses, many self-employed workers and owner-employees donâ€™t have any relevant nonpayroll costs, like rent or business utility paymentsâ€”and if they donâ€™t employ anyone else, the only eligible payroll costs they have is their own salary and wages.
So, the question isâ€”can self-employed workers use the total of their loan proceeds to cover their own compensation?
And the answer is yesâ€”as long as the total owner compensation falls under the currently stated limits.
A new interim final rule, issued in June 2020, self-employed workers using the 24-week covered period can apply up to 2.5 months of their 2019 net profit (up to $20,833) of their loan proceeds as owner compensation replacement. (For borrowers using the eight-week covered period, they can apply up to eight weeks of their 2019 net profitâ€”for a max of $15,385).
So, what does that mean? You can use the entirety of your PPP loan proceeds for owner compensation and still qualify for loan forgivenessâ€”as long as your owner compensation doesnâ€™t exceed $20,833 for the 24-week covered period (or $15,385 for the eight-week covered period).
Now that you understand the requirements for PPP loan forgivenessâ€”and, more specifically, how those requirements apply to self-employed workersâ€”letâ€™s jump into how self-employed individuals should proceed with filing their loan forgiveness application and getting their PPP loan forgiven.
In early October, SBA Form 3580S was released specifically for borrowers with PPP loans of $50,000 or less. Under the new interim final rule, borrowers who received $50,000 or less in PPP loan funds and spent their loan proceeds on qualified expensesâ€”including self-employed workersâ€”automatically qualify for full loan forgiveness.
In addition to a completed SBA Form 3580S, borrowers will also need to submit the following documentation to their lender:
If you took out a larger PPP loan, youâ€™ll want to fill out SBA Form 3508EZ, which is the form for self-employed borrowers with PPP loan amounts of more than $50,000.
Similar to form 3508S, borrowers will have to submit the following documentation to their lender:
Borrowers will also have to use the Forgiveness Amount Calculation on the application form to calculate the amount of their loan proceeds that qualify for loan forgiveness.
Once youâ€™ve filled out your loan forgiveness application and submitted it to your lender with any necessary supporting documentation, your lender will review your application and, if approved, will get reimbursed by the SBA for the total of your forgiven loan amount. And, at that point, your PPP loan (or however much of your PPP loan qualified for loan forgiveness) is officially forgivenâ€”and you no longer have to worry about if and how much youâ€™ll have to repay to your lender.
Navigating PPP loan forgiveness can be overwhelming and confusingâ€”especially for self-employed individuals dealing with self-employment income. But now that you know how PPP forgiveness applies to self-employed workers, you can get started on the path of getting your loan forgiven.