What counts as “employees” for Paycheck Protection Program loans? (updated for 2021)

Important PPP update for 2021

On December 22, 2020, Congress passed a bill renewing funding under the CARES Act, including an additional $284 billion earmarked for America’s struggling small businesses. The rules and application process for PPP loans and forgiveness have been modified, with more businesses eligible for PPP loans, more expenses forgivable, and a simplified application process.

Please note, though the PPP application deadline is being extended, you only have until May 31, 2021 to get your application submitted to the SBA. After that, the SBA will only process existing applications that have already been submitted, until the PPP deadline of June 30, 2021. Start your PPP loan application now! 

 

In this 3-minute read:

  • What counts towards payroll costs for PPP loan?
  • Do independent contractors count as employees?
  • What if we only have owners and no other employees?

Are you unsure if the non-traditional employees you’ve hired count towards payroll for the Paycheck Protection Program (PPP) loans? Or are you owner-operators of a mom-and-pop shop with no other employees? We’ll go over what counts as an “employee” for your PPP loans and also discuss what you need to do to have your loan forgiven in 2021.

Get your PPP loan or second draw PPP loan through Womply! Womply has helped over 200,000 businesses get their PPP funding. It’s free to apply for a PPP loan, and Womply can help connect you with an SBA lender that’s right for you! Start your PPP application.

First, let’s define what an “employee” means under the Paycheck Protection Program. An employee is any member of your company that receives compensation through your payroll, with the exception of independent contractors (more on this shortly). 

This means that if you take a salary (pay yourself) as a business expense, that counts as legitimate “payroll costs” and you can apply for a PPP loan to cover that and other legitimate expenses for the 8- to 24-week period following receipt of your PPP funding.

This also means that if you use your PPP loan funds to pay yourself and for other approved expenses and apply for loan forgiveness with the appropriate documentation, you won’t have to pay your PPP loan back.

Read more: How can I get my PPP loan forgiven?

What counts towards payroll expenses under the PPP?

In order to have your PPP loans forgiven, or at least partially forgiven, the majority of the payout has to go towards your payroll expenses and maintaining your staff. 

For full details on how you should spend your PPP loan, go here

All of the following count towards your approved payroll expenses:

  • Salary, wages, commissions, or tips (this is capped at $100,000 based on annual pay for each employee)
  • Employee benefits, including paid time off for vacation, family, medical, or sick leave
  • Payments for healthcare benefits for employees
  • Payments for retirement benefits
  • State and local taxes on employee compensation
  • As of 2021, PPP loans will cover additional expenses, including operations expenditures, property damage costs, supplier costs, and worker protection expenditures

owner operator business owner writing payroll check

What if I use independent contractors? Can I pay them with my PPP loan?

Independent contractors do not count as employees under the Paycheck Protection Program. You can still pay them with your loan, as they qualify as a legitimate expense, but that portion you spend on them will not qualify for loan forgiveness if it is used to pay independent contractors. 

The reason for this is that independent contractors are self-employed and, thus, can apply for their own PPP loans (as of April 10, 2020) to cover the pay they would have received and other expenses. You should let your contractors and other 1099 workers know that they can and should apply directly with Womply for their own PPP loans. It’s free to apply, and it could mean thousands of dollars in forgivable income for them. 

Similar to traditional employers, independent contractors can receive loans and use them toward their own payroll costs (meaning to pay themselves). Payroll costs can include wages, commissions, income, or net earnings from self-employment. This is also capped at $100,000 on an annualized basis for each individual. 

What if we’re a “mom-and-pop shop” with the owners as the only staff members? Do we count as “employees” for a PPP loan?

If you are the sole owners and staff of your business, you can still receive PPP loans and use them towards your payroll costs. You are an employee of your business, so you can use your loans to pay yourselves. Start your free PPP application.

What if I don’t have any employees? Can I still qualify for a PPP loan?

Similar to independent contractors, you are a sole proprietor or self-employed person and can use your PPP loan to cover wages, income, and net earnings for you as an individual, again capped at that $100,000 per employee in annual earnings. 

What if I have other questions about Paycheck Protection Program loans or the application process?

We recommend you read our full PPP loan FAQs here, or start your free PPP application and get access to our helpful customer service staff who will guide you through the process.

PPP FORGIVENESS UPDATE AS OF JUNE 17, 2020

The Treasury released a new IFR and an “easy” version of the PPP loan forgiveness application on June 17, 2020. Please read the full details here.

Here’s how borrowers decide which forgiveness application to use. You may use Form 3508EZ if:

  • You are self-employed and have no employees; OR
  • You did not reduce the salaries or wages of employees by more than 25%, and did not reduce the number or hours of employees; OR
  • You experienced reductions in business activity as a result of health directives related to COVID-19, and did not reduce the salaries or wages of employees by more than 25%.

If you don’t fit into any of the above conditions, you will need to complete and submit the full PPP loan forgiveness application.

Ready to apply for a PPP loan? Let Womply help!

As you know, it’s free to apply for a PPP loan, and we know you have lots of choices. So why should you let Womply connect you with an approved SBA lender? Because we know what we’re doing and people love the help we provide. We’ve helped over 200,000 businesses, contractors, sole proprietors, and self-employed individuals get approved. Don’t wait! The application deadline is May 31, 2021.

Start your PPP application now!

Learn more, plus get free reputation monitoring and customer insights when you sign up for Womply Free!

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By providing your mobile phone number, you consent to receive text messages sent by an automatic telephone dialing system about Womply products or services from or on behalf of Womply. You understand that consent to these terms is not a condition of PPP application approval or the purchase of any Womply products or services. Message and data rates may apply. Text STOP to cancel.

Must use the same email address for each PPP loan!

By clicking “Start application”, I understand and agree that this program is subject to the PPP Loan Assistance Terms and the Terms of Service.

By providing your mobile phone number, you consent to receive text messages sent by an automatic telephone dialing system about Womply products or services from or on behalf of Womply. You understand that consent to these terms is not a condition of PPP application approval or the purchase of any Womply products or services. Message and data rates may apply. Text STOP to cancel.