Employer contracts with an actor or actress for hire as an independent contractor as specified in the contract.
New York Actor - Actress Employment Agreement - Self-Employed Independent Contractor
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US-INDC-149
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FAQ
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
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.
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.
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.
In the movie industry, the government usually considers most crew members, as well as above-the-line personnel, to be employees, not independent contractors.
If an actor works for himself or herself as a sole proprietor, LLC, or S corporation, then he or she is considered self-employed. People who work for themselves are considered self-employed and are not considered part of a company.
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.
Actors and extras have a tax status of self-employment, but an employment status as workers, which conferrs a number of important rights.
Are actors considered independent contractors? Generally, actors would be considered to be employees the company that hires them exercises a great deal of control over what they do: the company (or director) tells them when to start, when to stop, what to say and what to do.
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