COVID-19 FAQs for REALTORS
Emergency Unemployment Benefits
Updated 9/12/2020
Updates will be posted as they become available. Please check this page often. Find updated Unemployment Information on the RI Dept. of Labor and Training’s website at https://dlt.ri.gov/covid19/.
FEMA has approved 5 additional $300 supplemental unemployment payments to unemployed Rhode Islanders. Claimants will receive an additional $300 per week for each of the following weeks that they successfully certified for benefits: weeks ending 8/1/20, 8/8/20, 8/15/20, 8/22/20 and 8/29/20.
Week of Sept. 7: Unemployment Insurance payments will be delayed one day this week due to the Labor Day holiday
How do I apply for RI emergency unemployment insurance?
You can apply online on the RI Department of Labor and Training website. REALTORS, with the exception of those few who are employees of their brokerage, should they complete the application for gig workers & independent contractors, which is highlighted in yellow on the DLT website.
How is the rate for emergency unemployment insurance determined and how long will it continue?
The rate is determined by your adjusted gross income on your most recent tax return. Payments will continue for 39 weeks as long as you remain eligible. It will continue at the same amount until you report any earnings on your weekly teleserve call. If you receive a commission check, your weekly check will be, reduced or eliminated, depending on the amount..
Can a REALTOR file for unemployment if he or she hasn’t yet filed a 2019 tax return?
Yes, the Rhode Island Department of Labor and Training will use the information from the claimant’s “most recent” tax return, which could include a 2018 return if 2019 has not been filed.
How long does it take to get approved for emergency unemployment benefits?
In some cases, a claim can be processed in as little as 24 hours, in most cases, claims should be processed within 7 - 14 days and you should receive your first payment within three weeks of filing. (If your claim is related to COVID-19, please indicate that on your application as DLT is waiving the usual seven-day waiting period for Covid-19 claims.) Keep an eye out for an email that confirms your claim has been processed. That will point you to instructions to request your payment each week.
How are benefits paid?
Benefits are paid via Direct Deposit into your checking or savings account. You may also choose to receive an Electronic Payment Card (EPC) to access your benefits.
Is the benefit paid automatically each week or must you do something to continue benefits?
Claimants have to call the Teleserve weekly to receive that week’s benefit. Unemployment Insurance (UI) benefits are based on a worker's earnings and are generally available when people are able to work and actively seeking employment, however, under the current situation, the normal rules have been relaxed in an effort to ensure that Rhode Island workers have access to UI benefits without having to seek employment while on a temporary layoff or furlough. During your weekly certification on TeleServe, you should check off that you are able to work and are actively seeking employment to keep their benefits active.
How should a real estate licensee whose sole compensation is commissions answer rate of pay.
Provide an estimated average. Ideally, dividing the adjusted gross income on your most recent tax return by 52 is the best way to do this.
What should I list as my last date of employment?
List the date you were last paid a commission check.
Can independent contractors apply for a Paycheck Protection Loan and/or an Economic Disaster Loan and Grant as well as unemployment benefits?
You can apply for the SBA loans and unemployment benefits but they must be used for different purposes, i.e. operating expenses for one, income for another. If you’re receiving PPP funds as a form of pay or earnings it should be reported to RI DLT.
Is unemployment income taxable?
Unemployment is taxable income. If you do not withhold state or federal taxes from your benefits you will be responsible to pay them when you file your tax return. Everyone who collects UI will receive a 1099 detailing the total payments received and any taxes paid on that income. You may request changes to your claim’s tax deductions anytime. Click here for more guidance from IRS.
Can I apply for emergency unemployment benefits if I have active listings?
Yes, you can, but you will need to report your commission earnings if your listing(s) sell.
What happens if you are collecting and then have a closing?
Claimants can earn 20% of their weekly benefit amount without any impact to their claim. After that their claim is reduced dollar-for-dollar. Benefits will not be paid if the claimant earned more than their weekly benefit rate. They can earn a benefit in the next week that they earn less. You should call in and report earnings during your weekly teleserve call. Do not include any benefit payments you received (such as your UI benefit payments, Social Security payments, cash assistance, or the $600 unemployment compensation boost). Please round up to the nearest whole dollar. If you earned no wages or other earnings last week, enter 0. If you earn more than $9999, just enter $9999.
The application asks for the name of employer, rate of pay, etc which does not relate to an independent contractor. How should we fill this out?
Answer as best you can. Rate of pay equals about what you earn per week. (Divide your adjusted gross income from your most recent tax return by 52.) For the name of employer, put your brokerage.
Can a full-time employee who is still working his regular job qualify for unemployment for his independent contractor position as a real estate licensee?
That would be unlikely. Unemployment is meant to backstop wages from primary employment.
Can an independent contractor real estate licensee who also works part-time or full-time as an employee of a real estate company or team as an administrative assistant or person assistant qualify for unemployment?
Yes. The federal guidance instructs states to process claims through regular Unemployment if the applicant has wages earned as an employee. This means that they’d collect based on those earnings.
I applied for a 1099 worker unemployment benefits, but I also work as a waitress part time, should I apply for the waitress job as well?
You should only apply once, for the job that is your main source of income.
I am no longer a Rhode island resident but filed a 2019 tax return in Rhode Island and was still generating income (until the COVID-19 virus struck) in Rhode Island after I moved. Would I apply for unemployment in RI or my new state in which I haven't earned any income?
Per the DLT UI application, applicants who have worked in another state and have not worked in RI in the last 18 months should contact the unemployment office in the state where they worked in the last 18 months. Employees who have worked in Rhode Island in the last 18 months would apply in Rhode Island. In this case, apply in Rhode Island.
There is a question about how much I was paid for each of the last 4 quarters. How do I answer that?
Your Adjusted Gross Income will give DLT what they need.
Where do I apply if I live in CT but work in CT and RI?
You can apply in either state.
DLT requires workers who receive unemployment benefits to document that they have applied for three jobs per week. How does this apply to REALTORS® as independent contractors? Can they report showings and listings instead?
The work search requirement has been suspended during COVID19. Just check off that you are actively searching.
Why did I suddenly stop receiving my benefits?
If you received payments in the past, but did not receive your payment this week, DLT's online team can help. Please fill out the form at this link, https://bit.ly/uisupport and a member of our team will be in touch. The call center attendants cannot help you if you did not receive your payment this week. You may have been one of a group of people whose identity has been hacked. DLT is working on the problem. Click here for details.
How long can I collect unemployment as an independent contractor during the pandemic?
39 weeks.
