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Guam Actor - Actress Employment Agreement - Self-Employed Independent Contractor

State:
Multi-State
Control #:
US-INDC-149
Format:
Word; 
Rich Text
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Description

Employer contracts with an actor or actress for hire as an independent contractor as specified in the contract.
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FAQ

It's often difficult to determine which classification to use. The IRS view is that most crew members, actors, and others working on a film production should be classified as employees, not independent contractors, and that taxes should thus be withheld.

An actor is considered self-employed if they work for themselves as a sole proprietor, an LLC, or an S corporation or C corporation. Some actors are employees and some actors are self-employed. Self-employed people work for themselves and aren't considered employees of anyone else.

Professional actors are often employees, especially under Equity contracts. That means you'll receive a W-2, normally with federal, state, and local taxes deducted at source. For self-employed work where you made over $600, you'll usually receive a 1099-MISC.

Every actor contract should include a section on expenses. This means an actor will be compensated for travel, accommodation, food, or anything else that's relevant to the production. A production company may specify whether they offer such amenities on-set or at shooting locations, or provide monetary equivalent.

What Is an Independent Contractor? An independent contractor is a self-employed person or entity contracted to perform work foror provide services toanother entity as a nonemployee. As a result, independent contractors must pay their own Social Security and Medicare taxes.

However, for the most part, under the Federal regulations (and most states including California), a crew member on a film or other similar type production should never be categorized as an independent contractor they are really employees and are subject to federal and state withholding (from their paychecks) as

In the movie industry, the government usually considers most crew members, as well as above-the-line personnel, to be employees, not independent contractors.

Musicians are considered employees by the National Labor Relations Board (NLRB), not independent contractors.

More info

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Guam Actor - Actress Employment Agreement - Self-Employed Independent Contractor