Q: What is the CARES Act?
A: A national, federal relief package passed by Congress & signed by President March 27th. Among other provisions, the CARES Act* gives small businesses access to short-term cash flow assistance to help cover operating expenses and keep employees.
* Coronavirus Aid, Relief, and Economic Security Act

Q: Do artists qualify for CARES Act?
A: Yes, it is for small businesses. You are a small business whether you are Schedule C, S-Corp or C-Corp. . LLP & LLC. The words "employees" & "employers" in much of the following information includes "self-employed person" - this you.

Q: $1,200 per adult and $500 per child one-time payment
Is this Podcast going to talk about this one-time payment ?
A: No. Those funds are the Emergency Universal Income Payment and is also part of the CARES Act. You get that money too. It applies to about 94% of Americans and has nothing to do with the self-employed benefits being discussed in this Podcast. Click Here for more information on how these funds are being sent out and when.

Q: What specific benefits should artists be considering?
A: There are 3 provisions for you and we are going to discuss each one. And then we will discuss the potential interaction of these 3 provisions.

Economic Injury Disaster Loans (EIDL)
Apply for this now!
What is EIDL?
The Advance portion provides an emergency advance of up to $10,000 to small businesses and private non-profits harmed by COVID-19 within three days of applying for an SBA Economic Injury Disaster Loan (EIDL). To access the advance, you first apply for an EIDL and request the advance. T he advance does not need to be repaid under any circumstance, and may be used to keep employees on payroll, to pay for sick leave, meet increased production costs due to supply chain disruptions, or pay business obligations, including debts, rent and mortgage payments.

There has been a lot of "speculation" on the Economic Injury Disaster Loan (EIDL) on various artist forums and private Facebook groups.The facts are:
  • apply for the EIDL (later you decide how much and if you really want the larger loan amount)
  • check off the box that says you are asking for the $10,000 Advance - it is on page 3 or 4 toward the bottom and is big & bold. The $10,000 is an immediate advance to be used for the expenses shown above. It doesn't have to be repaid and you get it whether you end up with a loan or not. This check box is the whole point for quick relief.

Who can Apply
"Full-time" or "Part-time" artists qualify for these programs. Hopefully you have been reporting your artist business on Schedule C or S-Corp or C-Corp - that is how you will prove your business to qualify for benefits.

When to Apply - Do it now
The SBA Economic Injury Disaster Loan application is easy - it took us 10 minutes online with no crashing or other issues. You apply directly with the SBA not your bank.

Think about this aspect after you apply and ask for the $10,000 Advance. The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million, with terms based on ability to repay, that can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing. More information is coming for this.


Payroll Protection Program (PPP)
Do this April 10 or as soon as banks can!
What is PPP?
Know that this has become very "fluid" with some details likely to change this week.
  • Funds may become first-come first-serve.
  • Forgiveness may get new guidelines
The original information on Payroll Protection Program was - - it would provide cash-flow assistance through 100 percent federally guaranteed loans to employers who maintain their payroll during this emergency. If employers maintain their payroll, the loans would be forgiven.

PPP has a host of attractive features, such as forgiveness of up to 8 weeks of payroll based on employee retention and salary levels, no SBA fees, and at least six months of deferral of not forgiven. Small businesses and other eligible entities will be able to apply if they were harmed by COVID-19 between February 15, 2020 and June 30, 2020. This program would be retroactive to February 15, 2020. Loans are available through June 30, 2020.
Read also Fortune article April 3 with comments from banking industry
Read also a Blog from Bench with easy-to-read summary

Forgiveable Loan - this is a key fact
Again this is very "fluid" information. The original intent was if employers maintain their payroll, the loans will be forgiven. Individuals who operate a sole proprietorship or as an independent contractor and eligible self-employed individuals also qualify for PPP and the forgiveness provision.

Who can apply? All businesses including Schedule C, S-Corp or C-Corp. . . . sole proprietors, self-employed individuals including LLP & LLC with fewer than 500 e mployees. And 501(c)(3 ) non-profits and independent contractors. You are one of these. "Annual" or "seasonal" artists are included.
Note there are specific computation rules depending on business structure and we cover those in the Q & A below.

What can PPP be used for?
It’s our current understanding that the loan can be used for the following expenses:
  • Operating expenses, such as payroll, rent, lease payments, utilities, and mortgage interest obligations
  • Payroll costs that may include wages, salaries, retirement contributions, healthcare benefits, insurance premiums, covered leave, and other expenses
  • Interest on other debt obligations incurred before February 15, 2020
Understand that If you use the PPP then obviously you and/or your employees would not be unemployed during the coverage period so Unemployment Benefits are not applicable. Of course, you could use Unemployment later in the year after your PPP coverage period has past.

How much I can borrow?
The amount you are eligible to borrow is 250% (2.5X) your average monthly payroll and is intended to cover 8 weeks of payroll, rent and utilities and some other defined expenses. Payroll taxes are NOT part of the average monthly payroll calculation. If your art business is highly seasonal talk to your accountant or banker about the definiton of "average monthly payroll" as it could increase your PPP benefit.

How do I get the PPP Forgiven - don't have to repay?
The details for the amount forgiven is very fluid at this time. T he guidance at the moment is that to have PPP forgiven at least 75% of the loan was used for payroll expenses. Sole Proprietors, Independent Contractors, and Self-Employed Individuals: will use net earnings from self-employment, or similar compensation and that is in an amount that is not more than $100,000 in one year, as pro-rated for the covered period.
There is more detail about how to determine net earnings in the Artist Questions below - it dependent on our business structure. BUT regardless you need your 2018 and/or 2019 Tax Return for best results. Get the details

Where do I apply? Your bank. It seems to be the case at the moment that you need to already have a banking relationship to apply. And that the bank be on the SBA 7A list. It is proposed that credit unions and other FDIC insured banks will take applications too but that is not setup at the moment. "Fluid" is the word of the day.

When it starts? April 3 for non-profits and small businesses with employees or April 10 for sole p roprietors with just themself as an "employee". However, as of April 3 the banks did not have enough guidelines from Treasury to begin application process. Some banks have opened the process - Bank of America; Chase: Regions; some small local banks. Keep an eye on your bank's website. And most banks are doing online only applications but call your banker with your questions.

How to prepare for application process:
  • get your sample PPP Application filled out now; gather your financial records
  • your 2018 or 2019 Schedule C or P&L for S-Corp and C-Corp is what you need to have for applying
  • contact your bank with your questions so you are ready to get application to them on the 1st date you can
  • Click Here for PPP Application (as we know it today - 4/6/2020)


Unemployment Benefits
Your last step - time when you do it
Remember Unemployment Benefits now include coverage for freelancers, and "gig economy" workers (that's you) . And they include an additional (above State benefits) $600 per week from CARES Act to each recipient for up to four months. This is all in the new CARES Act.

State Unemployment Office *** handles Unemployment Benefits - they are overloaded at the moment and not all have updated their websites yet to accommodate self-employed. But they will get there - keep checking their websites and local news.

*** On Friday, April 3 some counties have begun implementing supplemental centers to file for Unemployment the old-fashion way on paper. For example: Lee County Economic Development has a location for filing starting approx. April 6th (Lee County FL).

Remember that if you use the PPP then obviously you and/or your employees would not be unemployed during the coverage period so Unemployment Benefits are not applicable. Of course, you could use Unemployment later in the year after your PPP coverage period has past.

Also Remember if you apply for SBA Economic Injury Disaster Loan and its $10,000 Advance you need to keep employees (including yourself) paid. Or the $10,000 could become playable as a loan - that is not clear yet but also being a loan might not be all bad depending on your situation.


Getting all benefits working together
There is some interaction between the EIDL Loan $10,000 Advance and the PPP and Unemployment. It is becoming the common approach to apply for both EIDL Loan/Advance and the PPP and sort out the reporting issues after-the-fact. Then once those benefits are secured consider "stacking on" Unemployment after those the EIDL & PPP benefit dates are passed.


After you have done the PPP and EIDL there will also be Business Tax Relief to learn about
There are a variety of business tax provisions. Talk to your accountant about these new tax benefits.
  • refundable payroll tax credit;
  • employer-side Social Security tax deadline delay;
  • delayed deadlines for SE Estimated payments (7/15 for First Quarter but 6/15 Second Quarter - this odd timing might be fixed soon)
  • delayed deadlines for filing 2020 Tax Return (7/15)
  • new Net Operating Loss rules recover taxes paid in past years to provide you liquidity and cash flow
  • extension of payment dates for existing SBA Loans
  • Maybe more that we don't know