Performing Artist Tax Parity Act of 2023

To amend the Internal Revenue Code of 1986 to increase the adjusted gross income limitation for above-the-line deduction of expenses of performing artist employees, and for other purposes. 1. Short title This Act may be cited as the Performing Artist Tax Parity Act of 2023 2. Above-the-line deduction of expenses of performing artists (a) In general Section 62(a)(2)(B) (1) by striking performing artists.— performing artists.— (i) In general The deductions , and (2) by adding at the end the following new clauses: (ii) Phaseout The amount of expenses taken into account under clause (i) shall be reduced (but not below zero) by 10 percentage points for each $2,000 ($4,000 in the case of a joint return), or fraction thereof, by which the taxpayer’s gross income for the taxable year exceeds $100,000 (200 percent of such amount in the case of a joint return). (iii) Cost-of-living adjustment In the case of any taxable year beginning in a calendar year after 2023, the $100,000 amount under clause (ii) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 calendar year 2016 If any amount after adjustment under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. . (b) Clarification regarding commission paid to performing artist’s manager or agent Section 62(a)(2)(B)(i) of such Code, as amended by subsection (a), is amended by inserting before the period at the end the following: , including any commission paid to the performing artist’s manager or agent (c) Increase in threshold for determining nominal employers Section 62(b)(2) of such Code is amended— (1) by striking An individual (A) In general An individual ; (2) by striking $200 $500 (3) by adding at the end the following new subparagraph: (B) Cost-of-living adjustment In the case of any taxable year beginning in a calendar year after 2023, the $500 amount under subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 calendar year 2016 If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. . (d) Conforming amendments (1) Section 62(a)(2)(B)(i) of such Code, as amended by the preceding provisions of this Act, is amended by striking by him by the performing artist (2) Section 62(b)(1) of such Code is amended by inserting and , and (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

Summary: Performing Artist Tax Parity Act of 2023 This bill modifies the above-the-line tax deduction for the expenses of performing artists (including commissions paid to managers or agents) to provide for a phaseout of such deduction for taxpayers whose adjusted gross income exceeds $100,000 ($200,000 for joint return filers). The $100,000 phaseout threshold is adjusted for inflation annually for taxable years beginning after 2023.