PolicyBrief
H.R. 721
119th CongressJan 24th 2025
Performing Artist Tax Parity Act of 2025
IN COMMITTEE

The "Performing Artist Tax Parity Act of 2025" modifies tax deductions for performing artists, adjusting income thresholds and expense definitions to provide fairer tax treatment. It raises the income limit for full deductions to $100,000, adjusts it annually for inflation, and clarifies that manager and agent commissions are deductible expenses.

Vern Buchanan
R

Vern Buchanan

Representative

FL-16

LEGISLATION

Tax Break Tweaked for Performing Artists: New Rules Kick in for 2025

The "Performing Artist Tax Parity Act of 2025" changes the tax game for performing artists, starting with tax years after December 31, 2024. Here's the rundown:

Stage Door Deductions

This bill adjusts how much performing artists can deduct for work-related expenses. The main idea is to give a tax break to artists who aren't making big bucks, while phasing it out for higher earners. The Act allows performing artists to deduct expenses above-the-line, meaning before their adjusted gross income is calculated, which can reduce their overall tax bill.

  • The $100K Threshold: If your gross income from performing is under $100,000, you can deduct your qualified expenses. But, for every $2,000 you earn over $100,000, your deduction drops by 10%. (SEC. 2). This means the more you make above $100K, the less you can deduct.
  • Inflation Adjustment: That $100,000 limit will be adjusted for inflation each year after 2025, so it keeps up with rising costs. (SEC. 2). This is a smart way to make sure that the value of the deduction isn't eroded by inflation.

Agent Fees and Other Expenses

The Act clarifies that commissions paid to managers and agents are deductible. (SEC. 2). This is important because those fees can be a significant chunk of an artist's expenses. Think of a musician paying their manager 20% of their earnings – that's now clearly deductible.

The "Nominal Employer" Shift

The bill also raises the threshold for what's considered a "nominal employer" from $200 to $500. (SEC. 2). This part is a bit technical, but it essentially means that if an artist pays someone less than $500, they don't have to deal with certain employer-related tax paperwork. This amount will also be adjusted for inflation after 2025 (SEC. 2), keeping it relevant over time. For instance, if a band hires a substitute drummer for a single gig and pays them $300, they likely won't be considered an "employer" under these new rules.

Real-World Rollout

This bill aims to provide some tax relief for working artists, especially those just starting out or working steadily but not making huge salaries. It acknowledges the often-unpredictable income and high expenses that come with a performing arts career. However, the phaseout for higher earners means that the benefits are targeted toward those with lower incomes. The clarification on agent commissions is a win, recognizing a common and often substantial expense in the industry. The increase in the "nominal employer" threshold could simplify things for artists who occasionally hire others for small jobs. While the bill offers potential benefits, there's also the possibility that some artists might try to manipulate their income to stay under the $100,000 threshold to maximize their deductions.