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Can an artist be a micro-entrepreneur?

Verified 30 août 2018 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Economy

An artist cannot be a micro-entrepreneur (self-entrepreneur) for activities falling within the scope of the social regime of artists-authors (self-employed) or that of performers (intermittent employees). Indeed, in certain activities, the micro-entrepreneur's regime is either incompatible or limited. In contrast, an artist may be self-employed (or micro-entrepreneurs) to engage in activities that are not covered by these plans.

Opting for the micro-enterprise (or self-entrepreneur) regime does not exempt obligations related to the regulated profession of enterprising entrepreneur.

The live entertainment contractor shall:

The micro-entrepreneur scheme provides for a simplified system of social security and income tax.

  Warning : There is a presumption of a contract of employment. The contractor must prove that he is not under the subordination of an employer.

Artist-author regime

Artists who are authors of works (literary, dramatic, musical, choreographic, audiovisual, cinematographic, graphic, plastic, photographic, for example) cannot opt for the micro-enterprise system in order to carry out their activity, as their remuneration (sale of works of art, copyright, for example) is obligatorily subject to the social protection regime of artists-authors (Maison des artistes-sécurité sociale or Agessa ).

Intermittent performance regime

Performers (actors, singers, musicians, etc.) subject to the general social security system may not opt for the self-entrepreneur system to carry out their activities, as they are considered to be employees of producers or organizers of shows.

A performance technician wishing to perform a technical service activity under the self-entrepreneur (or micro-entrepreneur) regime may face several difficulties that may limit the development of his business, in particular:

  • the maximum turnover permitted by the micro-enterprise scheme may constitute a limit on the hiring of employees,
  • the financial ceilings imposed by the micro-entrepreneur scheme could dissuade the national commission of the label from awarding the label "performing arts service provider" necessary to validate the hours worked by a hired technician,
  • the simplified accounting of the micro-enterprise system makes it impossible to deduct professional expenses.

Self-employment must be carried out in a genuinely independent manner, otherwise it will be reclassified into a contract of employment.

An artist may combine the return-to-work allowance (RTA) with the income he receives from his activity as a micro-entrepreneur, within the limits of the rights remaining to the job seeker in the business start-up phase.

Cumulation is also possible with the specific unemployment compensation benefits established for artists and technicians of the show (annexes 8 and 10 of the unemployment insurance agreement).

The ARE may be combined in part with income from an activity carried out in a trade other than that pursued by the artist in his principal capacity, under specific conditions when the artist carries out his activity as a micro-entrepreneur.