1gucci
2jesusandjohnwayne
2lafayette
Susie King Taylor 360x1000
Spottswood William Robinson 360x1000
1jesusandjohnwayne
3theleastofus
1trap
4confidencegames
LillianFaderman
8albion'
3confidencegames
3albion
3paradise
1falsewitness
Office of Chief Counsel 360x1000
Learned Hand 360x1000
Thomas Piketty3 360x1000
2paradise
2defense
Anthony McCann2 360x1000
1paradide
Edmund Burke 360x1000
Maria Popova 360x1000
Brendan Beehan 360x1000
Adam Gopnik 360x1000
Susie King Taylor2 360x1000
Margaret Fuller5 360x1000
lifeinmiddlemarch1
14albion
James Gould Cozzens 360x1000
2theleastofus
Tad Friend 360x1000
1albion
6confidencegames
George M Cohan and Lerarned Hand 360x1000
Storyparadox1
Margaret Fuller3 360x1000
storyparadox2
Margaret Fuller 360x1000
11632
Thomas Piketty1 360x1000
Anthony McCann1 360x1000
12albion
1transcendentalist
9albion
George F Wil...360x1000
Gilgamesh 360x1000
lifeinmiddlemarch2
399
Margaret Fuller2 360x1000
1defense
1confidencegames
2falsewitness
10abion
11albion
Margaret Fuller1 360x1000
2lookingforthegoodwar
2gucci
Mary Ann Evans 360x1000
1madoff
Richard Posner 360x1000
AlexRosenberg
1theleasofus
7albion
5confidencegames
13albion
3defense
199
4albion
Ruth Bader Ginsburg 360x1000
499
1lauber
1empireofpain
Samuel Johnson 360x1000
Lafayette and Jefferson 360x1000
2albion
Margaret Fuller4 360x1000
7confidencegames
Betty Friedan 360x1000
storyparadox3
Thomas Piketty2 360x1000
5albion
6albion
Maurice B Foley 360x1000
299
2confidencegames
Margaret Fuller 2 360x1000
1lafayette
Mark V Holmes 360x1000
2trap
2transadentilist
Stormy Daniels 360x1000
1lookingforthegoodwar

Originally published on Forbes.com.

This is an update on yesterday’s report on the Paycheck Protection Program. It is based on the feedback I have been getting in reaction to the piece and some further inquiries. Bottom line is that many of the questions you have probably still don’t have answers.

Overview

The Paycheck Protection Program was created by the CARES act which passed last week. It is run by the Small Business Administration working through banks. You will be able to borrow money based on “payroll costs” which is defined very broadly and likely includes things not normally thought of as payroll.

The borrowed money can be spent on “payroll costs” as defined, rent, utilities and interest on some loans. The loan can be forgivable to a significant extent, but the rules are complicated and I am not going to try to run through them again here.

US Chamber of Commerce has put out a nice flyer on the program.

When Can You Act

Although understanding the program to the extent possible is a good thing, at the end of the day how much you can borrow and how quickly you will get the money after applying is in the hands of the bank.

One fellow I spoke to plans to inquire of three banks and take which ever one offers him the biggest loan. That strikes me as a pretty sensible approach. There is a problem, though. Because of the required representation, he can only pull the trigger on one application.

that the eligible recipient does not have an application pending for a loan under this subsection for the same purpose and duplicative of amounts applied for or received under a covered loan

Here is the most important piece of intelligence. It comes from a banker who will be on-point in making these loans. His bank seems to be ahead of the curve and this is what he told me. They expect that the SBA will be issuing instructions to the banks on Friday. That bank will be taking applications 72 hours after they hear from the SBA. He had no prediction on how long it will take to process applications.

I heard from somebody else confirming other banks expecting to hear from SBA this week.

Something You Can Apply For Now

My friend Jeff Kristoff, Director of Tax of Rosen Associates has been working intensely on these issues for some time. Rosen Associates is a CPA firm that focuses on dentistry. Except for oral surgeons responding to emergencies, dentist offices are pretty well shut down at least in Massachusetts.

Rosen Assoicates is recommending that their clients also apply for the Economic Injury Disaster Loan. There was talk that you could not apply for both PPP and EIDL, but that was based on an earlier version of legislation.

Most handy they provide you with a step by step guide to applying. You do it directly with SBA on their website. I tried it this morning for my company Risorgimento Productions LLC and it went smoothly. Look at the guide so that your have the information you need in front of you as you are applying.

The big attraction to EIDL is that it is supposed to provide you with $10,000 very quickly.

Full disclosure – I have done consulting work for Rosen and Associates and several CPAsCA that I have worked with are there.

The Biggest Mystery

A lot of the questions I get involve sole proprietors, partnerships and the payment of people as independent contractors. In terms of the legislation the answer to those questions lies in the definition of “payroll costs” which includes this item:

“the sum of payments of any compensation to or income of a sole proprietor or independent contractor that is a wage, commission, income, net earnings from self-employment, or similar compensation and that is in an amount that is not more than $100,000 in 1 year, as prorated for the covered period” (Emphasis added)

What does that mean?

It reminds me of a joke about umpires talking about what constitutes a ball or a strike. The final grizzled old umpire says “Somes I calls ball. Somes I calls strikes. They ain’t nuthin till I calls em.”

Effectively your umpire is going to be the bank using the rule book that the SBA has not yet written.

My inclination is to take it to mean my net (or maybe gross) Schedule C income plus all the 1099 income I have paid out, but that’s just a theory. Some people are sure about what it means. I guess they can mock me next week if they turn out to be right.

Summary

You can apply right now for an EIDL loan and you might be able to apply for PPP next week. So make it so.