Model Payment Question

[Lee]

our modeling release includes the amount paid to the model for the shoot, but i figure what the heck and have them sign a receipt as well.

Yup, thats what ours is going to have on it to but im more concerned about taxation issues with our corporation than whether the model pays their taxes or not LOL

I figure its probably best to get as much documentation as possible from the model, release, id, harrassment policy, payment receipt, etc etc that way if anything ever does happen where we need to have those types of docs available, we'll have them.

I guess i just answered my own question LMAO

Regards,

Lee

[allboysvideo]

This is a great question.

A good habit to get into is to pay your models by check for the purpose of good book-keeping records. When issuing a check/payment to the model, its wise to have them sign and acceptance form or receipt that they have been paid in full.

This will ensure that the model did get paid and you have proof to how much the model got paid, and place all information into a non-2257 file along with anyother info you have on that particular person/model.

-David
D&E
www.allboysvideo.com

[Lippi]

A signed payment receipt is important for our books and of course for the taxes, also here.

[citiboyz]

Generally, we pay them by check which serves as a receipt. If we pay in cash, they sign a separate cash receipt. The only downside to paying by check is the situation where a model changes his mind... doesn't cash the check... can that be considered an incomplete contract? But in all the years I've been shooting, I never once had a model who didn't cash his check.

[gaybucks_chip]

Our release is a combination release/receipt. The top part has the release, and they fill that out and sign it before the shoot starts. The bottom part has the receipt for payment which is filled out and signed after the shoot, before the model is paid. We generally have them sign that whether or not we pay by check.

We issue 1099 forms to any model paid over $600 in a calendar year.

[Lee]

Chip,

I seem to recall you saying you had some type of checklist that you give your models before a shoot, is there any chance i could sneak a look at it?

Im trying to get all this model stuff sorted out this week and not having done a shoot myself before im not really sure what i need to be letting them know other than making sure they dont have a grotty ass on shoot day LOL

Regards,

Lee

[hdkbill]

Lee, et al

We have always paid all models by check, period, no exception. If we pay over $600 we have always done a 1099 at the end of the year, no exception. Of course, we have always paid them as independent contractors and we've always felt that paying cash, and not reporting it, like other studio we know, just wasn't the right thing to do.

Now....let me tell you what is happening in California and most folks most likely are not aware of it.

We've been going through an EDD (Employment Development Department) audit. They say that all models that we have had the past three years should have been listed and paid as employees, NOT independent contractors. We hired an employment law attorney and have been fighting this for nearly two years. WE JUST LOST. We were just notified two weeks ago that all of the models have been re-classified as employees (for taxation purposes) and we were sent a bill from the EDD for back taxes, workman's comp, unemployment, etc., plus penalties and interests.

Money isn't so much the issue, but now, if we use a model, we must classify him as an employee, even it it is for one shoot...for only two hours. He has to go on payroll, we have to deduct all the taxes and other bull sh*t. Even though that is a pain in the ass, here's the real problem

Now that we have a employer/employee relationship with all models, we fall under all of the regulations in CA that govern such relationships....and this means, CAL-OSHA. The big bugaboo here is that if we have two models who are sucking dick and rimming holes, and not using condoms or dental dams, we are in violation of CAL-OSHA's regulations regarding the transference of blood borne pathogens since sucking a dick can expose the one doing the sucking to pre-cum, and rimming butt obviously exposes the rimmee to the potential of all kinds of stuff. And, obviously, if it it barebacking, well, any of these activities place us in jeopardy of a major......major fine.

We are of course appealing the decision, but it appears unlikely that we are going to win.

It is also interesting to note that the EDD did ask us, during the course of their audit, for the names of any other studios who we knew might be paying their models as independent contractors. Of course, we simply told them that we were unaware how other studios paid their models.

All of this came about as the result of one model filing an unemployment claim when he lost his regular job. He listed us as having worked for us for a day and earned $500.

So, any of you located in California, be damn careful. If anyone turns you in, or one of your models files an unemployment claim, be looking for a visit from the EDD.

This sure seems to me to be an easy way to shut studios down. We have already quit filming in California. Two studios have already been fined $30,000 by Cal-OSHA. Of course, they are working their way through the appeals process, and an EDD audit. For us, it just doesn't seem worth the risk to keep filming in that state.

Bill