We're live with ASMP's Wednesday Webinar. Join us here or live on @Facebook facebook.com/asmpnational/v…
Mike Klipper is updating us on the additional relief legislation now being considered by the House. Dems and Reps are "very far apart." The President has dubbed the legislation "Dead on Arrival." #HeroesAct 
As always, our disclaimer, courtesy @MaddreyPLLC
"This week there's a lot of grandstanding going on. We'll know more next week. The big issues for are 1/ liability for the #republicans and 2/ aid to the states for #democrats." #HeroesAct
And @MaddreyPLLC takes the stage. "Things are changing every single week. Some information valid last week is no longer valid. Especially when we're talking about health & safety issues, everyone *must* get specific advice to their specific situation." #COVID19 #HeroesAct
We're going to talk a lot about #EIDL today. If you applied you may have received an email follow up regarding your application.
We're still hearing good things about @bluevinecapital @PayPal @Lendio @Square @KabbageInc There are others, too. But you won't get the #PPP money that could be yours if you don't... wait for it... APPLY! Apply today.
If you receive income via 1099 and w2 the #PUA is a real mess for you. We're advocating on the hill for legislators to straighten things out.
In many states, you have to file your regular unemployment through the state, get denied because you're freelance, then apply & get in line for the #PUA. Obviously ridiculous.
If you're going to apply for the #PUA, you'll need your pay stubs, your w2 and your 1040 w/ all relevant schedules.
If you use your #EIDL proceeds as payroll (for yourself) you have to report those funds as income. You don't have to report it if you use it for business purposes not including payroll.
No, not for the *payroll* portion of your #PPP.
Examples: #ppp and unemployent
Work you did in the past, but are just now getting paid for, generally should *not* count as wages you're reporting to the #unemployment office. We're being told the Department of Labor guidance to the states makes this clear. Double check with your state.
"But, Tom. How am I allowed to spend my #PPP money in order not to be required to pay it back?" Tom: "See below."
"Tom, what are the accountants recommending regarding a #PPPLoan paper trail?"
You can count SEP-IRA's when doing your #PPPLoan calculation. (We think.) We're not certain that PPP money used for SEP-IRA's will be considered as forgivable. Stay tuned and we'll let you know when we know more.
Now, moving on to a crowd favorite, the #EIDL and #eidladvance. 1/ They're beginning to be processed 2/ They can be used for all financial operations and operating expenses. The usage of the funds isn't limited as #PPP money is.
One caveat: You can't use #PPP and #EIDL for the same purpose. And you have to use 75% of your #PPP for payroll. But... very few people until last week had gotten any #EIDL, though some had gotten the #eidladvance.
You *MUST* have a set of written policies & procedures that you can give to *everyone* on your set/shoot. This could *save you* from losing a liability lawsuit if someone who was on your shoot contracts #COVID19.
We're getting more questions re safety and health on set. Hopefully this means that people are again hiring. But you have to make a personal decision about whether & when you go back to work. If/when you do go back to work, you have to take control/responsibility as never before.
This question from this week's ASMP Wednesday Webinar. The answer is... "YES." You need to make sure everyone is adhering to the written policy, making sure things are clean, social distancing is in place, etc., etc.
We believe the waiver language that we endorse is ethical. There's a balance to waivers. An ethical waiver lists what the photographer is doing to keep people safe, and the people accept the risk that despite these efforts, things could go south.
Q: "Does ASMP have a recommended date for allowing chapter meetings outside of virtual meetings?" A: "Until you hear from me (@MaddreyPLLC) ASMP will not hold in person meetings of any kind. It's not on the horizon."
Hint: If you're self employed and applying for #PUA and you can't get anyone on the phone as an employee, try the line for employers. You're both, and the line for employers probably is a lot less busy.
Q: "What qualifies as a legal signature on contracts/waivers/releases in the current environment?" A: "Remember contract law: To have a contract you need offer, acceptance and consideration. But what constitutes a legal signature?" 1/2
2/2 Electronic signatures (even text messages!) can make for enforceable contracts. Look at platforms like @DocuSign and @HelloSign"
Q: "What do you recommend re how to fix the 1099/w2 unemployment conundrum?" A: "Unfortunately it's a very small portion of the population (still 1M or more!) who have this problem. We're hearing that this issue is news to the states. So call and write your state legislator."
Remember that until you get a document from your lender saying the #PPP is forgiven you should treat it as a loan. And you have to apply for loan forgiveness.
Q: "As a producer what language do we look out for in indemnification clauses and limits to liability clauses?" A: "Most contracts have them. They're not always bad. But don't sign anything that from a company that has very clear written procedures to keep everyone safe."
Q: "If a crew member refuses to sign a liability waiver can you release them from a job without pay?" A: "Yes, generally, as long as you have clear policies & procedures stating that the waivers are mandatory and you let them know in advance that they're mandatory."
The deal with waivers goes both ways. We'd not recommend that an assistant or model sign your release of liability waiver unless you have written policies & procedures in place.
Q: "Where do I go to get the best advice for what's really safe and what's not?" A: "Start locally. Your public health department, then go to the state, then look at what the #CDC recommends for the country. Guidance is changing daily, and local situations vary."
Q: "Does royalty income currently coming in from stock sales have to be reported to the unemployment office?" A: "Likely yes. It's current income and is different from just now getting paid for work done earlier, ie clients who pay 90 days net."
Q: "If royalties are for work done years ago I don't have to report it, correct?" A: "No. That's not correct. Royalty payments for a photo made 20 years ago is current earned income. If 20 years ago you sent an invoice & someone is just now paying it, that's not current income."
Q from @dcarrollphoto: "You should be asking the @SBAgov why they're not making #EIDL funds available to all small businesses." A: "Allowing ag interests to apply for #EIDL while other businesses can't is manifestly unfair. We will be raising the issue on capitol hill."
Remember: There's a provision in the #CARESAct that strongly recommends the states not enforce their usual requirement that you're looking for work. Texas and other states rescinded that requirement.
RE: Q from @idiot_girl re OSHA Infection Control Certification: "@MaddreyPLLC is having a phone call on Monday w a company that does @OSHA_DOL certified training for small businesses. We will bookmark this question and address it after that conversation."
Q: "Regarding unemployment: If I do a job next week do I report the $ when it's billed or when it's paid?" A: "Many states say 'What wages did you earn this week?' In that case they consider it earned income."
Q: "Any apps recommended for waivers?" A: "@EasyRelease is convenient. @adobe Fill and Sign, @HelloSign. There are others."
Q: "What happens if I send a liability waiver to a client and they send theirs back to me?" A: "As long as both parties feel comfortable signing what they're signing you're good to go."
And that's a wrap on our live questions! Final thoughts coming...
From @MaddreyPLLC "We'll have one of my favorite accountants and tax preparers next Friday. Register now." us02web.zoom.us/webinar/regist…
Also from @MaddreyPLLC "Thanks for each of you for joining us and for supporting these webinars and town halls." asmp.org/resources/advo…
Finally, from @tomkennedy "Thanks, everyone, for joining us. Have a restful, safe and healthy weekend. We'll see you next week."
@threadreaderapp unroll please
