Res. No. 1046
Resolution calling on the United States House of Representatives to pass, the United States Senate to introduce and pass a companion bill, and the President to sign, the Performing Artist Tax Parity Act of 2025.
By Council Members Hudson and Ossé
Whereas, H.R. 721, known as the Performing Artist Tax Parity Act of 2025 (PATPA), sponsored by United States (U.S.) Representative (Rep.) Vern Buchanan and introduced in the U.S. House of Representatives on January 24, 2025, would “amend the Internal Revenue Code of 1986 to increase the adjusted gross income limitation for above-the-line deduction of expenses” of Qualified Performing Artists; and
Whereas, Currently, a Qualified Performing Artist is defined as having worked as a performing artist for at least two different employers during the taxable year; and
Whereas, A Qualified Performing Artist is currently additionally defined as having allowable deductions that exceed 10 percent of the artist’s gross income related to performing arts work, given the understanding that performing artists often spend as much as one-third of their gross income on work-related expenses, such as paying for transportation to auditions, equipment, and agent fees; and
Whereas, A Qualified Performing Artist is currently additionally defined as having an adjusted gross income of no more than $16,000 for the taxable year; and
Whereas, The $16,000 annual income figure was set almost 40 years ago and does not align with typical incomes in 2025; and
Whereas, PATPA would raise that income ceiling from $16,000 to $100,000 for artists filing as individuals and to $200,000 for married joint filers; and
Whereas, PATPA would also include an automatic Consumer Price Index for All Urban Consumers (CPI-U) to make sure that the income ceiling set in the legislation would keep pace with cost-of-living increases in future years; and
Whereas, A variety of interested arts organizations and unions have expressed support for PATPA, including the Actors’ Equity Association, International Alliance of Theatrical Stage Employees, Motion Picture Association, Americans for the Arts, League of American Orchestras, Theatre Communications Group, The Broadway League, League of Resident Theatres, National Independent Venue Association, Recording Industry Association of America, America Federation of Musicians, AFL-CIO’s Department of Professional Employees, and Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA); and
Whereas, Rep. Buchanan noted that “an overwhelming majority of performing artists are lower-income and middle-class Americans struggling to make ends meet” and that they are “an asset to our community,” who “should not have to choose between paying for work-related expenses and their basic needs”; and
Whereas, A press release from the office of PATPA’s co-sponsor Rep. Judy Chu noted that PATPA would be “especially impactful for performing artists who have lost everything in the Eaton and Palisades Fires and will need to rebuild studios and replace destroyed equipment in places like Altadena, which has long been a hub for working-class performing artists”; and
Whereas, Working artists have long been an important part of the economy in New York City (NYC), where they number thousands of workers in the “creative economy,” described in a 2024 NYC Comptroller’s report as “a defining economic sector” for NYC—the “artistic and creative epicenter of the country”—and as “a vital contributor to the city’s economy, its vibrancy, diversity, and overall quality of life”; and
Whereas, U.S. Senators Mark Warner and Thom Tillis had introduced companion legislation in the Senate during the previous Congressional session; now, therefore, be it
Resolved, That the Council of the City of New York calls on the United States House of Representatives to pass, the United States Senate to introduce and pass a companion bill, and the President to sign, the Performing Artist Tax Parity Act of 2025.
LS #18890
3/24/2025
RHP