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The law does not require you to complete a contract with your self-employed or freelance workers - a verbal contract can exist even when there is nothing in writing.
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
The IRS says that someone is self-employed if they meet one of these conditions:Someone who carries on a trade or business as a sole proprietor or independent contractor,A member of a partnership that carries on a trade or business, or.Someone who is otherwise in business for themselves, including part-time business.
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.
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.
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.
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.
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.
If you are a business owner or contractor who provides services to other businesses, then you are generally considered self-employed.