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Can Executives and Producers Be Employees <i>and</i> Independent Contractors?

By Robert M. Jason

What studio executive has not also wanted to be a producer? Many start down the producer road even while continuing to serve as executives. In its own way, the IRS has just made this path a little easier.

Entertainment company executives often provide producing and creative services in addition to their more traditional executive-employee services. As producers, though, they want to be treated the same as outside producers ' as independent contractors, even while as executives, they are treated as employees. This desire comes from the fact that treatment as an employee results in a number of very specific tax consequences that are far worse than those applicable to independent contractors.

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