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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
If you are an independent contractor, then you are self-employed. The earnings of a person who is working as an independent contractor are subject to self-employment tax. To find out what your tax obligations are, visit the Self-Employed Individuals Tax Center.
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.
The general rule is that you will be: An employee if you work for someone and do not have the risks of running a business. Self-employed if you have a trade, profession or vocation, are in business on your own account and are responsible for the success or failure of that business.
Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.
The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.
In the movie industry, the government usually considers most crew members, as well as above-the-line personnel, to be employees, not independent contractors.
Independent contractors are self-employed workers who provide services for an organisation under a contract for services. Independent contractors are not employees and are typically highly skilled, providing their clients with specialist skills or additional capacity on an as needed basis.
Independent contractors are not employees, nor are they eligible for employee benefits. They do not have taxes withheld from their paychecks but instead must pay estimated income taxes in advance through quarterly payments.
The three types of self-employed individuals include:Independent contractors. Independent contractors are individuals hired to perform specific jobs for clients, meaning that they are only paid for their jobs.Sole proprietors.Partnerships.