COVID-19 Update: Beginning May 18, we will begin cautiously reopening Beaird Harris. Read More.
If you have any questions, please reach out to your primary Beaird Harris contact or call (972) 503-1040.

Beaird Harris will be closed on Friday, July 3rd in observance of the Independence Day holiday.

Paycheck Protection Program - Clarity for Solo Providers

Updated April 7, 2020

***Note: The information within is subject to change with final legislation, and regulations and guidelines once the bill has passed.*** 

(April 7, 2020)  

Last night, April, 6, 2020, the Treasury and the SBA released an updated Q&A to address questions on the PPP Loan Program.

This new guidance has a direct impact on many “solo providers” with a pension plan.  

From this guidance, it appears you can include a company pension contribution, including a SEP, SIMPLE, 401K/profit sharing match, or defined benefit contribution.  

The language for health insurance premiums is unchanged and still references “group health insurance” which seems to preclude individual policies.  

Based on this new information, your loan amount could be as follows (assuming one employee making in excess of $100,000 in 2019, contributing maximum amounts to pension in 2019, with no group health insurance premiums). 

Our observation is that banks are working through the SBA rules and may not be aware of these new guidelines.  

If you have already applied for the loan and your bank did not include qualifying pension contributions from 2019, you may want to request an amendment to your original application for this new guidance.  

Please note – the above is for the maximum loan amount that will be given under the PPP Loan Program.  The guidance and criteria for loan forgiveness are different from the loan criteria.  The SBA has announced they will be providing more detail and guidance on loan forgiveness, which we will share as it becomes available.  In all cases, our advice is if you receive PPP loan proceeds, you should be prepared to make repayments of all or some of that amount as new guidance becomes available.  

As always, please reach out to your Beaird Harris team member with any questions.  We are here to help!

(April 2, 2020)  

We realize there is some confusion as to what types of businesses can qualify for the Paycheck Protection Program (“PPP”), a.k.a., 7(a) Loan Program. Specifically, if self-employed, independent contractors, or single person S-Corps qualify for the loan? The answer is yes!   


The 7(a) Loan is different than the Economic Injury Disaster Loan (“EIDL”) that provides a $10K grant in addition to a loan. For the majority, the 7(a) Loan allows you to receive more forgiven money than the EIDL. Please note, you cannot receive both the $10K grant through EIDL and the 7(a) Loan forgiveness when the funds are both used for payroll. The other major difference is where you apply for each loan; the EIDL ($10K grant) is applied for on SBA.gov and the 7(a) Loan is applied for through your bank.    

While the 7(a) Loan opens for applications on Friday, April 3, 2020, there are still critical details that are not known at this time. Banks do not have guidance from the SBA on exactly what is needed from the business to include with the loan application. We are monitoring this closely and will send an update when this is determined. If you are not receiving our email updates, please contact our Director of Marketing & Communications to be added to the list.

When the SBA finalizes the loan application process, we can help with gathering tax and/or payroll information as required. In the meantime, please be patient and wait for precise details on what is needed to include with the loan application. We are developing internal processes to provide your information in the most efficient and speedy manner possible.
 
Quick Synopsis of the 7(a) Loan Program – A business can take a loan through an SBA-approved bank, and later have most, if not all, of the loan forgiven if certain criteria is met.
 
Details of the 7(a) Loan Program:
 
Loan Amount – The 7(a) Loan allows businesses to take out a loan up to 2.5 times the average W-2 salary of the business over a 12-month period. Any salary amounts in excess of $100K are ignored for the calculation. Example: 
  • Your salary is $228K, which is over $100K, so we ignore the actual amount and start with $100K.
  • $100K / 12 months * 2.5 = $20,833
  • Note, other expenses such as health insurance and pension MAY be includable in the loan amount, but details are pending as to how this works in conjunction with the $100K maximum.
Loan Forgiveness – The 7(a) Loan allows for full loan forgiveness when spent on qualified expenses eight weeks after originating the loan.
  • Qualified Expenses: Payroll, commercial rent, and commercial utilities (i.e. home office expenses would not be a qualified expense).
  • You must also spend at least 75% of the loan amount on payroll.
  • Using the example above: $100K / 12 months * 2 months = $16,667 payroll. This would be the amount forgiven, leaving $4,166 to be paid back.

Loan Repayment & Other Details

  • Loan payments will be deferred for six months after loan origination.
  • This loan has a maturity of two years and an interest rate of 0.5%.
  • No collateral or personal guarantees are required. Neither the government nor lenders will charge small businesses any fees.
What You Need to Do Next – Get in contact with your business bank and monitor their website for detailed instructions on how they will handle the loan application process. Here are links to some of the more popular banks.
Return to COVID-19 Response & Resources

No Professional Advice, Client Relationship, or Reliance on Information

Please note that any information or content on our Website, or any forms or tools on our Website which allow you to submit information or make calculations, and your use thereof, are not intended to provide any kind of professional advice, consultation or service, including but not limited to, legal, accounting, tax, or business advice. Nor does any such information, content, forms, or tools, or your use thereof or reliance thereon, create or constitute an attorney/client, accountant/client, or consultant/client relationship. You should therefore not use our Website or reliance on any information, content, forms, or tools on our Website as a substitute for any kind of professional advice. Rather, you should consult with a licensed professional, including one employed by our Company, for any accounting or tax questions you may have. You agree that we will not be liable to you or to any third party to the extent you treat or consider any information, content, forms, or tools on our Website as constituting any kind of professional advice. The information and content, including but not limited to forms and tools, presented on or made available through our Website are made available solely for general information purposes. We, therefore, do not warrant the accuracy, completeness or usefulness of any such information, content, forms, or tools, and any reliance you place on the same is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its content.

Our Website provides illustrative lists of services that we provide. Nothing contained on our Website shall be construed as an offer or guarantee to provide any particular services to you, nor shall anything on our Website be construed as a direct solicitation for employment by any persons, companies, or organizations. Prior results we have obtained for others do not guarantee a similar outcome.