Question about crew contract agreement

[Bob K]

Jan, remember too that FICA includes both Social Security and Medicare.  The amount you pay in SS tax over your working lifetime determines the amount of your SS monthly benefit when you retire.  So, don't minimize too much if you are healthy and expect to live a long time.  By no means have I figured out how to maximize value.  Somewhere there's probably a spreadsheet where you can plug in all the variables and know what's best as you proceed through your working life. 

[studiomprd]

philip: " This means that if you are on a job the rental costs for gear to cover the first 3 days after your stuff is gone or busted is on either you or the prod. co, not the insurance company. "

... and as we discussed in the separate thread, the production pays the rental (deductable) for those three days, except it isn't your equipment they are renting those three days, it is the replacement equipment.

bobK: " By no means have I figured out how to maximize value. "

Eric has!

[Jim Feeley]

For more detail (mixed in with a little WAG) on the 72-hour insurance issue, check out this recent thread started and driven by Phil:

 

Bob, when you're talking about the independent contractor kerfuffle in Minnesota, are you talking about a battle between the federal IRS or a state revenue agency? The link you provide goes to a MN government page; so that part's clear. But I don't understand how or if the federal IRS applies different standards to different states; I get that different offices might be staffed by people who chase after different industries and issues...but a different policy? A quick (and probably incomplete) Google search didn't provide any enlightenment. Any pointers to anything?

 

 

For useful info on independent contractor vs employee status, I check out the always-helpful info written and/or edited by the lawyers a Nolo:

 

Self-Employed Consultants & Contractors

http://www.nolo.com/legal-encyclopedia/consultants-contractors

 

And this article might be especially pertinent here:

 

Preserving Your Status as an Independent Contractor

Follow these strategies to avoid being reclassified as an employee.

http://www.nolo.com/legal-encyclopedia/preserving-status-independent-contractor-30177.html

[Tom Morrow]

'Accepts no liability' is lawyerspeak for 'is liable for and trying to avoid that liability'.

It is actually sort of a nifty trick that even by signing their 'accepts no liability' thingy I can still sue them for what they were liable for all along.

[OmahaAudio]

I always feel very good when I park in a supermarket parking lot that has "we cannot be held responsible for any damage to your car" signs posted. The proper wording would say "we refuse to be held responsible...". Legally the reply is "You sure as hell CAN be held responsible and you damn well WILL be held responsible if anything happens to my car..."

[VASI]

I found this article from IATSE 695
http://www.productionrecording.com/fyi/PDF_fyi/RentIns.FieldMan.11.3.pdf

[Bob K]

Jim, the fight in Minnesota was between the IRS and production companies.  Some of the companies and some freelancers (independent contractors) formed the Minnesota Film and Video Association to oppose the IRS.  I still have some reports on the dispute written by association lawyers and accountants.  Ultimately, the IRS published "Employment tax procedures: classification of workers within the television commercial production and professional video communication industries" in 1994.  It's 18 pages.  Then the MN tax agency adopted the new (or similar) rules.

 

I didn't say the IRS applies different standards in different states.  Someone else in this thread suggested that.

[Jim Feeley]

Bob, thanks for the title and sorry for my misattribution. So searching on your title, I find this page from 2003

 

http://www.mca-i.org/en/art/?9#genguide

 

Feb 1, 2003 5:45 PM  CST  

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IRS Guidelines - Film & Video Industry Contractors  Governing Employee-Contractor Issues in the Film and Video Industry

The following guidelines may not take into account any recent changes in IRS regulations. However, this IRS Training Guide is still being used to train agents and is dated 1996 - http://www.irs.gov/pub/irs-utl/emporind.pdf

 

 

Perhaps there's a more recent document, but I don't see it. Bob, thanks for this....interesting....

[Bob K]

Jim, the first document you linked is the same as what I have, except mine begins with Section 1. Intoduction, and it has two appendixes as well.  My document says it was published by The Bureau of National Affairs, Inc., and "obtained by BNA May 13, 1994."  I don't recognize the other document you linked.

 

Bottom line, it appears the IRS recognizes that independent contractors working in the film and TV industry are legitimate.  That contradicts what some people who posted here believe.  It also appears that these guidelines are in effect across the country.

 

Vasileios, thanks for linking the IATSE document.  Looks like there's some good info about insurance there.

 

[maniemjr]

I have refused to sign contracts that exclude my equipment from coverage, and will often get production to sign my contact which states they are liable for damages etc. I have had many things damaged, including recently a lost slate, all of which have been repaired or replaced at productions expense.

You have to be your own advocate, nobody else is looking out for your interests for you, so make sure you are covered

 

Hi Wandering Ear. Can I have a copy of the contract/waiver which I can make reference? Or anybody here? Thank you.