Employer contracts with an actor or actress for hire as an independent contractor as specified in the contract.
Massachusetts Actor - Actress Employment Agreement - Self-Employed Independent Contractor
State:
Multi-State
Control #:
US-INDC-149
Format:
Word;
Rich Text
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How to fill out Actor - Actress Employment Agreement - Self-Employed Independent Contractor?
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FAQ
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.
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.
Directors of a corporation - members of the governing board - are defined by statute as non-employees. If an exempt organization pays its board members to attend board meetings or otherwise compensates them for performing their duties as directors, the organization should treat them as independent contractors.
Musicians are considered employees by the National Labor Relations Board (NLRB), not independent contractors.
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
If you work for an employer, you're an employee. If you're self-employed, you're an independent contractor.
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.
In the movie industry, the government usually considers most crew members, as well as above-the-line personnel, to be employees, 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