SEP question in year of sale of business

[schirallicpa]

Taxpayer was 52% shareholder of a business who's assets were sold in 2021 and the final money will come thru in 2022.  But he's still the owner (him and his sister) because NYS is sooooo sssslllloooooowwwwwww in transfering licensing (for a nursing home).  So - can he still contribute to a SEP in 2022?  The assets and operations are under a new company currently acting under the old company that is waiting for NYS.  So technically, his company is still just holding a license and getting paid a monthly fee.  

If the license transfer come thru in 2022, does the SEP still fly as long as he makes it before the final transaction?