The Green Room - Employing actors at local theaters

Reply #10 - Mar 30^th, 2009 at 4:53pm

Tshep Offline
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Pay actors.... now why would we want to go and do that?

How 'bout we just whip them a bit less and add extra hardtack to their gruel ration.

They say, best men are moulded out of faults; &&And, for the most, become much more the better &&For being a little bad.

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Reply #11 - Mar 30^th, 2009 at 5:00pm

The Kaylee and the Ivy Offline
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Tshep wrote on Mar 30^th, 2009 at 4:53pm:

Pay actors.... now why would we want to go and do that?

How 'bout we just whip them a bit less and add extra hardtack to their gruel ration.

Hell, at this point, I'll take it. Grin

If we're going to die, let's die looking like a Peruvian folk band.

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Reply #12 - Mar 30^th, 2009 at 7:43pm

spiker Offline
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If what it all boils down to is a theatre deciding whether they should be strictly legal and hire actors as "employees" or not pay them and consider them volunteers, I think they should know that if they work with only volunteers, their casting base will be greatly diminished. There are many, many actors out there (including locally) who will not work for free. Some non-equity actors included. If there isn't a whole lot of litigation happening over whether an actor is an Independent Contractor or an Employee, and I were running a theatre, I would pay my actors whatever I could by any means necessary.

"...there are more people alive now than have died in all of human history. �In other words, if everyone wanted to play Hamlet at once, they couldn't, because there aren't enough skulls!"

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Reply #13 - Apr 12^th, 2009 at 6:46pm

Persistent Offline
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Quote:

On a slightly different topic, the idea of independent contractors is that they operate a business by performing their trade or profession. Since it is commonly acknowledged that community theater actors perform for the love of performance and not the money, they can't be considered as operating a business.

This may be off topic, but....why not? Can only people who love money more than performance be considered as operating a business? Just because an actor loves his low-paying job doesn't mean it's not a job.

Charity is kind...Doth not behave itself unseemly...is not easily provoked...and is not sleep deprived.

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Reply #14 - Apr 12^th, 2009 at 11:23pm

Tshep Offline
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Persistent wrote on Apr 12^th, 2009 at 6:46pm:

Quote:

On a slightly different topic, the idea of independent contractors is that they operate a business by performing their trade or profession. Since it is commonly acknowledged that community theater actors perform for the love of performance and not the money, they can't be considered as operating a business.

This may be off topic, but....why not? �Can only people who love money more than performance be considered as operating a business? �Just because an actor loves his low-paying job doesn't mean it's not a job.

Um, sure.... whatever helps you sleep.

They say, best men are moulded out of faults; &&And, for the most, become much more the better &&For being a little bad.

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Reply #15 - Apr 13^th, 2009 at 12:04am

spiker Offline
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Tshep wrote on Apr 12^th, 2009 at 11:23pm:

Persistent wrote on Apr 12^th, 2009 at 6:46pm:

Quote:

On a slightly different topic, the idea of independent contractors is that they operate a business by performing their trade or profession. Since it is commonly acknowledged that community theater actors perform for the love of performance and not the money, they can't be considered as operating a business.

This may be off topic, but....why not? �Can only people who love money more than performance be considered as operating a business? �Just because an actor loves his low-paying job doesn't mean it's not a job.

Um, sure.... whatever helps you sleep.

If an actor is paid AT ALL for their work, they are operating as a business. �They are being paid for providing a service to the theatre. �Whether or not they love what they do. �Even if they are only paid a small amount or only paid for one job a year and they do the rest for free. �If you get paid a stipend and taxes are not taken out, you should still report that income. �Since you don't have an "employer" you are your own business.

« Last Edit: Apr 13^th, 2009 at 12:53pm by spiker »

"...there are more people alive now than have died in all of human history. �In other words, if everyone wanted to play Hamlet at once, they couldn't, because there aren't enough skulls!"

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Reply #16 - Apr 13^th, 2009 at 12:48pm

Toddy Offline
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Spiker is right! HCTO mails out 1090's to all actors who make over $600 per year at the theater. 2 seasons ago I did 3 shows there and had to report it on my taxes as an independent contractor. It was simple and well some what painless. Wink

It just reduced my refund a bit. Back to the subject: if you make $600+ whether at one theater or a combination of theater's, you must report it to the IRS.

Crazy world, full of crazy contradictions like a child; first you drive me wild, and then you win my heart with your wicked art; one minute tender, gentle; then tempramental as a summer storm; just when I believe your heart's getting warmer. Your cold and your cruel, and I like a fool try to cope. Try to hang on to hope. Crazy world, everyday the same old roller coaster ride, but I've got my pride, I won't give in; even though I know I'll never win. Oh how I love this, crazy world! -- Henry Mancini

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Reply #17 - May 6^th, 2009 at 12:42am

The Childrens Theatre Offline
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Toddy wrote on Apr 13^th, 2009 at 12:48pm:

Spiker is right! HCTO mails out 1090's to all actors who make over $600 per year at the theater. 2 seasons ago I did 3 shows there and had to report it on my taxes as an independent contractor. It was simple and well some what painless. Wink

It just reduced my refund a bit. Back to the subject: if you make $600+ whether at one theater or a combination of theater's, you must report it to the IRS.

Sorry to comment so late in the game.

Those theatre companies that are sending out 1099's are doing so at the risk of the State auditing them. It is a nation wide problem that has had companies near shutting down. We do reimbursement for expenses, however as we compensate actors more, we will start to make it difficult for an actor to turn in receipts for reimbursement.

I don't know how how other companies do it, I guess either they are poised with their lawyers ready or just are taking the risk. I have personally discussed the issue with the State and they are not to willing to bend although you can be granted and exception. Generally I've found that they go after new organizations or smaller ones.

I did point out to them that there are fairly large organizations (universities and such) that under the guidelines are violating the law. The State had no comment on that.

The best way for us to increase pay ( when we can) will be to keep the actor as a volunteer for a portion of the duration of their work, then pay as an employee for either rehearsals or the shows themselves. We'll just have to plan on the taxes and not only unemployment but the higher cost of Workman's Compensation. Ugh!

No great way out of this one, especially when battling the government. Pooh!

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Reply #18 - May 6^th, 2009 at 8:50am

Rosie Poppins Offline
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The Childrens Theatre wrote on May 6^th, 2009 at 12:42am:

Those theatre companies that are sending out 1099's are doing so at the risk of the State auditing them.

Why?

I've had several companies (not theatres) where I was hired as an independent contractor to do office/assisting work for a short time. Those companies (2 international/huge, 1 local/small) then sent me a 1099 and I was advised by a tax professional (love those lawyers) that because I was paid in this manner, I could operate my own 'business' and claim the expenses. All 3 amounts were over $600, and I always put them on my tax forms. Should the state be auditing those companies for my being paid via 1099? I didn't start out with the intention of operating a business, but I was just fine with accepting a 1099. I'm just saying, it doesn't happen in ONLY the theatre world...

(I do get it that no corporation would ever ask for volunteers or be allowed to pay someone .10 cents an hour to work. Please don't try to detract from this point with that separate, worthy argument. I just genuinely want to understand why paying someone 1099 merits audit in one realm of business and not another.)

Let me make one thing quite clear: I never explain anything.

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Reply #19 - May 6^th, 2009 at 4:20pm

Nuff Sed Offline
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I pay numerous contractors and report via 1099 (electricians, mechanics, architects). And having been audited by the State (once in 9 years). �In my eyes, your talking minor degrees of separation from W-2 employee vs 1099. It seemed the main point to the audit was to confirm and document a �bottom line combined total $$$ and SSN's & FID#'s. �After completing the audit which was complete in less than 3 hours. The onus is on the contractor to report the income. Theatres with 12-40 member casts running 6-8 shows a season makes it a little more challenging.

Doing shows at Hale as a contractor I see the other side. It's not a huge benefit but when I filed I was able to (after consulting with my cpa/tax preparer) deduct, Make-up, additional costume pieces (undies, socks, etc.) and some mileage. (keep receipts and driving log)In the long run it was pretty easy and beneficial (to me) to have a 1099 instead of a W-2.

Talk to a tax person to get specific information.

Spank you very much.... � � �Nuff' Sed!

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