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In 2020, a new law will change the way Californians do businessincluding actors. Assembly Bill 5, known as AB-5, is a landmark law mandating that independent contractors in California be classified as employees.
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.
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.
Musicians are considered employees by the National Labor Relations Board (NLRB), not independent contractors.
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.