PERICLES · Blog

How to Pay Film Crew: 1099 vs Loan-Out Explained

Pericles Team · November 4, 2026 · Guides
How to Pay Film Crew: 1099 vs Loan-Out Explained

You, payroll, and the IRS: the ugly truth

The words “payroll” and “easy” haven’t met in the same room. Commercial shoots mean a crew list that looks like a phone book, every job title invented since 1920, and at least one person you owe money from three projects back. Someone asks, “Is this a loan-out or a 1099?” and suddenly you regret not going to law school.

If you’re an agency producer, a commercial production company, or a working filmmaker trying not to run afoul of payroll, here’s the guide you wish you had before you sent out a single check.

The basics: what’s a 1099 and what’s a loan-out?

Let’s murder some jargon before it murders your wrap party:

If your director of photography invoices you as “Epic Light LLC”, that’s a loan-out. If grip Jenny hands you her social, that’s a 1099. Both cases: they’re not your employees. Payroll pros will argue the next seven points forever, but this gets you 98% there without office flashbacks.

When to use 1099: risks and rules

Here’s the IRS’s vibe: if you “control” how, when or where someone works, or they’re full-time, they probably count as an employee. But film sets operate in the fog: you hire crew for maybe three days, on a call sheet, with their own gear, next week they’re chasing another gig.

Most crew for commercials, shorts and indie features are independent contractors. That means:

Pitfalls: The IRS and state agencies love to reclassify independent contractors as employees if you get lazy: if you tell them exactly how to do their job, have them use your equipment, lock them to your schedule, or they work only for you. If they audit and disagree, you eat the back taxes, penalties and interest. Fun.

When to use loan-out companies

You’ll spot loan-outs in bigger commercials, high-end indies and anywhere above-the-line folks like to lawyer up. Some crew (directors, DPs, editors, even actors) form loan-out companies for the following reasons:

What this means for you:

For unions: Many union contracts require payment through a payroll service, not a 1099 or loan-out. Ask before hiring. Some states (California, New York) crack down on misclassification. Some even ban 1099s for certain crew. Use payroll services or check with a production accountant for large shoots.

Step-by-step: Paying crew without breaking your brain

  1. Get paperwork up front. Before they work, have each crew member or company complete a W-9 form. Do not guess at tax IDs, get it in writing.
  2. Log every payment. Even if you paid cash on Day 2. Even if it’s Splitwise screenshots. A spreadsheet beats forgetting grip Jenny in January.
  3. Track totals by payee. If anyone (person or LLC) crosses $600 for the year, set a calendar reminder: you owe them a 1099-NEC by January 31. Same for the IRS.
  4. Match invoice names to W-9s. If you hire Epic Light LLC, pay Epic Light LLC, not James Epiclight, the owner. Deposit to the right account.
  5. Know local rules. Some states want their own filings or have strict contractor tests. California will make you sweat. Google your state before the shoot.

For bigger shoots or if you’re crossing state lines, talk to a production accountant or a payroll company before starting. The IRS is not charmed by indie hustle.

What doesn’t count as a 1099 or loan-out?

Common horror shows (and how to dodge them)

The cheat sheet

Do it in Pericles

Pericles builds every crew, vendor and talent into real budget lines and payment flows. Every timecard, invoice and crew payment (1099 or loan-out) saves the right payee, collects signatures and forms, and keeps a running total by line and vendor. Crew can e-sign on the day. When you pay, it stays linked to the right project budget, no spreadsheet acrobatics, no lost W-9s, no shredded receipts.

Ready to stop sweating tax season and focus on the shoot? Start with Pericles