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Musicians are considered employees by the National Labor Relations Board (NLRB), not independent contractors.
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.
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
California's contractor laws state that an independent contractor is a person or business who provides a specific service to another company in exchange for compensation. It further says that the independent contractor is under managerial control for results and not how he or she accomplishes the work.
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.
Recently, one client inquired, Can my assistant be an independent contractor? The short answer is NO. Under current law, there are no circumstances under which someone who is an assistant should be classified as an independent contractor.
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.
In the movie industry, the government usually considers most crew members, as well as above-the-line personnel, to be employees, not independent contractors.
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.