Can a real estate broker pay their agents?

[Art DeBrito]

On page 6 of the 'SMALL BUSINESS ADMINISTRATION [Docket No. SBA-2020-0015] 13 CFR Part 120 Business Loan Program Temporary Changes; Paycheck Protection Program RIN 3245-AH34'

Under the question 2. What do Borrowers need to know. a. Am I eligible?, an answer is found in sub paragraph ii. on page 6 stating, 

ii. You were in operation on February 15, 2020 and either had employees for whom you paid salaries and payroll taxes or paid independent contractors, as reported on a Form 1099-MISC.

I am a real estate broker that has been in operation for 4 years and "paid independent contractors, as reported on Form 1099-MISC."

I submitted all of this and received a loan for 8/52 of the income produced in 2019.

As I am getting ready to disburse the PPP funding, I find that National Association of Realtors is stating I cannot pay my agents based on the same document:

See the attached document. Page 11, paragraph h states:

h. Do independent contractors count as employees for purposes of PPP loan calculations?

No, independent contractors have the ability to apply for a PPP loan on their own so they do not count for purposes of a borrower’s PPP loan calculation.

And page 15 paragraph p. states:

p. Do independent contractors count as employees for purposes of PPP loan forgiveness?

No, independent contractors have the ability to apply for a PPP loan on their own so they do not count for purposes of a borrower’s PPP loan forgiveness.

The thing is, they approved me for the loan. Early on they were stating I could pay my contractors. To further confuse the issue, although the agents are paid with a 1099-MISC, the State of Colorado requires that an agent cannot be licensed with more than one agency. This means they are in my employ and nobody else. Technically they are not "independent" contractors.

I cannot find anywhere where there is an interpretation clarifying the issue, but I am reluctant to pay it out if it will not be forgiven.

Does anyone have an opinion or insight?