Do actors need an ABN?

As a performer you should avoid using an ABN (Australian Business Number) however, simply quoting an ABN doesn't automatically make someone an independent contractor. If an employer asks a performer to use an ABN they are potentially in breach of the Act.

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Actor - Actress Employment Agreement - Self-Employed Independent...

New Jersey Actor - Actress Employment Agreement - Self-Employed Independent Contractor

Name: New Jersey Actor - Actress Employment Agreement - Self-Employed Independent Contractor
Brand: US Legal Forms
Rating: 4.7 (469 reviews)

Category:

Employment - Independent Contractors - Acting

State:

Multi-State

Control #:

US-INDC-149

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Instant download

Description

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

How to fill out New Jersey Actor - Actress Employment Agreement - Self-Employed Independent Contractor?

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FAQ

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.

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.

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.

As a performer you should avoid using an ABN (Australian Business Number) however, simply quoting an ABN doesn't automatically make someone an independent contractor. If an employer asks a performer to use an ABN they are potentially in breach of the Act.

Freelance actors are ideal for small projects such as television commercials or non-commercial documentaries. Freelance actors are usually represented by themselves and hence their charges are much lower than those that are represented by an agency.

Are actors considered self-employed? 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.

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

A writer or artist, who is not employed continuously but hired to do specific assignments. b (as modifier)

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

A true independent contractor has no protection under the provisions of the Labour Relations Act and section 83A does not apply to persons who earns in excess of the amount determined by the Minister. It is for this reason that many employers will prefer to employ someone as an independent contractor.

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New Jersey Actor - Actress Employment Agreement - Self-Employed Independent Contractor

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