Archive for May 30th, 2012

Bwana Clark

Wednesday, May 30th, 2012

by Sedgwick Clark

It was quite a day yesterday for our last complete day in Africa: I rode Coco, a 34-year-old elephant, and got drenched in the all-consuming mist of Victoria Falls. Also, Zimbabwe’s notoriously corrupt president, Robert Mugabe, 88, made a surprise visit to the historic Victoria Falls Hotel, where we stayed our last two days. He was receiving some odd sort of United Nations proclamation as a “leader for tourism,” reported msnbc.com, which added that the U.N. was thus endorsing Zimbabwe as a friendly nation and safe-tourism destination. Human rights activists promptly criticized the move. Mugabe’s odious anti-gay and -lesbian views are well known, as are his abuses on his own people to retain power. Hotel workers wisely put up a photo of the president to mark the occasion, which spoke volumes.

Bwana Clark & Peggy Kane with Norman on Coco

In a few hours I’ll either be aloft or waiting for a plane connection for nearly 20 hours. PK and our favorite travelling companions have had a great two and a half weeks in South Africa. While they have typically been more aware than I, I’ve thoroughly enjoyed being liberated from my calendar, not knowing the date, the day, or the time of our activities. Oh, I was aware of a few of the world’s events, such as the deaths of Dietrich Fischer-Dieskau and my old boss Herbert Breslin. And, on the one day I happened to check Musicalamerica.com, I learned of the most public demonstration yet of Metropolitan Opera head Peter Gelb’s thin skin. Only three weeks after I arrived in New York in September 1968, F-D sang Mahler’s Kindertotenlieder in the first concert I ever heard by the New York Philharmonic and Leonard Bernstein—my first live encounters with these great musicians, all in one concert! Herbert rubbed a lot of people the wrong way, and my two months with him weren’t my most auspicious, but I still retain a respect for his burning commitment on behalf of most of his clients. As for Peter, heads of arts organizations all stick their heads on the critical chopping block if they aspire to greatness, and attempts to stifle serious criticism after less-than-successful performances will always smell fishy. He was wise to reverse his edict within a matter of hours.

I return to the rigor of my calendar recalling only my 2013 Directory deadlines and a lick of my lips in anticipation of Alan Gilbert’s NYPhil performance of Nielsen’s Third Symphony sometime this month. In my next blog I hope to test your patience with some brief comments on the pre-Africa Spring for Music concerts at Carnegie and the Met’s final performances of the season, as well as scintillating photos and video from our safari. Stay tuned.

I Want To Engage A Foreign Artist. Tell Me Everything I Need To Know!

Wednesday, May 30th, 2012

By Brian Taylor Goldstein

Dear FTM:

What needs to be done to bring a performing artist from a foreign country to play in a US concert? How is their pay reported to the IRS? Is withholding required? Do they have to pay taxes on the money that they earn in the US? Etc.

Wow, this is a pretty broad question. In general…and this is very general…in order for a foreign artist to perform legally in the US, he or she will need to obtain a visa. In most cases, this will be either an O or a P visa. (There are almost no instances when a foreign artist can legally perform in the US on a visitor visa—regardless of whether or not the artist is paid or tickets are sold.) In order to obtain the necessary visa, someone in the US—such as the presenter or the artist’s US-based manager or agent—will need to file a visa petition on the artist’s behalf with United States Citizenship and Immigration Services (USCIS). The petition consists of the forms, evidence, and documents required for USCIS to “approve” the artist for the requested visa. As you may imagine, USCIS also requires a petition fee. Once approved, USICS will issue an “approval notice.” The artist will then use this “approval notice” to apply for the actual visa at a US Consulate. This will involve more forms…and fees.

Depending on where the artist is from, and how much they earn, they may or may not have to pay taxes on money that they earn in the US. With some exceptions, all artists who perform in the US are subject to 30% withholding from their gross engagement fees. Then, the artist is then required to file a tax return (just like you and I), declare all payments and withholdings, claim any applicable deductions and exemptions, and seek either a full or partial refund. Alternatively, an artist can apply to the IRS in advance of his or her performance and seek a withholding deduction. As you may imagine, all withholding is reported to the IRS on a form. The artist will also need to obtain either a social security number or a taxpayer identification number. This, too, involves forms.

While this can all seem overwhelming, the good news is that everything you need to know is contained in a website: artistsfromabroad.org. Produced by the League of American Orchestras and Association of Performing Arts Presenters, and authored by FTM Arts Law, artistsfromabroad.org is the most complete and up-to-date online resource for engaging foreign guest artists and non-US arts professionals, and includes essential guidance, forms, sample documents, and useful links. Even better—the entire website has recently been fully updated, redesigned, and re-launched, making it even easier to find the information performing arts organizations and artist managers need to successfully navigate the U.S. visa and tax procedures required when engaging international artists for performances in the U.S.

________________________________________________________________

For additional information and resources on this and other legal and business issues for the performing arts, visit ftmartslaw-pc.com.

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. FTM Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!