Truckers' Trucking Forum | Largest CDL Truck Driver Message Board - The Premier Truck Drivers Forum!  

Go Back   Truckers' Trucking Forum | Largest CDL Truck Driver Message Board > The Owner Operators' Getaway > Ask An Owner Operator

Truckers' Trucking Forum/Message Board - The Premiere Truck Driver Forum

Ask An Owner Operator Always wanted to become an owner operator? This is a place to get tips & advice from owner operators & small business owners here!

Reply
 
Thread Tools Rate Thread Display Modes
  ^ Top   #51  
Old 12.21.2007
Banned or Retired
 
Member Since: Jun 2006
Location: Grand Rapids, MI
Trucker? 17 Years
Age: 55
Posts: 11,010
My Trucking Photos: 105

Thanks: 1,620
Thanked: 3,176 Times
[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

Quote:

What Are Employment Taxes?

Small business owners often have great responsibilities while operating and managing a business. Before you become an employer and hire employees, you need a Federal Employer Identification Number (EIN).

If you have employees, you are responsible for several federal, state, and local taxes. As an employer, you must withhold certain taxes from your employees pay checks. Employment taxes include the following.

* Federal income tax withholding
* Social Security and Medicare taxes
* Federal unemployment tax act (FUTA).

Federal Income Taxes/Social Security and Medicare Taxes
You generally must withhold federal income tax from your employees wages. To figure how much to withhold from each wage payment, use the employee's Form W-4 and the methods described in Publication 15, Employers Tax Guide and Publication 15-A, Employers Supplemental Tax Guide.
Social security and Medicare taxes pay for benefits that workers and families receive under the Federal Insurance Contributions Act (FICA). Social security tax pays for benefits under the old-age, survivors, and disability insurance part of FICA. Medicare tax pays for benefits under the hospital insurance part of FICA. You withhold part of these taxes from your employee's wages and you pay a matching amount yourself.
Which form do I file to report federal Income Taxes, Social Security, and Medicare taxes?

* Form 941, Employer's Quarterly Federal Tax Return
* Form 943, Employer's Annual Federal Tax Return for Agriculture Employees (For use by farm employers)

Federal Unemployment (FUTA) Tax

The federal unemployment tax is part of the federal and state program under the Federal Unemployment Tax Act (FUTA) that pays unemployment compensation to workers who lose their jobs. You report and pay FUTA tax separately from social security and Medicare taxes and withheld income tax. You pay FUTA tax only from your own funds. Employees do not pay this tax or have it withheld from their pay. Report FUTA taxes on Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return.
Depositing Taxes

In general, you must deposit income tax withheld and both the employer and employee social security and Medicare taxes (minus any advance EIC payments) by mailing or delivering a check, money order, or cash to a financial institution that is an authorized depositary for Federal taxes. However, some taxpayers are required to deposit using the Electronic Federal Tax Deposit System (EFTPS). For additional information, refer to our Employment Taxes for Small Businesses page.
Certain Taxpayers May Now File Their Employment Taxes Annually
To reduce burden for certain small business taxpayers, employers who have an Employment Tax liability of $1,000 or less for the year will now file Form 944, Employer’s Annual Federal Tax Return, instead of Form 941, Employer’s Quarterly Federal Tax Return. Eligible taxpayers will be notified by mail.
References/Related Topics

* Employment Taxes for Businesses
* Online Classroom, Lesson 7 - How to manage payroll so you withhold the right amount from employees
* Online Classroom, Lesson 9 - What you need to know about Federal Unemployment Taxes (FUTA)
* W-2 Online, Create, save, print, and submit Forms W-2 and W-2c online.
* Tax Calendar for Small Businesses and Self-Employed

Reply With Quote
Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links:

  ^ Top   #52  
Old 12.21.2007
Joethemechanic's Avatar
Light Load Member
 
Last Seen: 07.31.2008 11.27 PM
Member Since: Mar 2006
Location: Phila Pa
Age: 48
Posts: 377
My Trucking Photos: 0

Thanks: 0
Thanked: 7 Times
Quote:
Originally Posted by im6under View Post
hence that now world famous phrase...

"no forced dispatch"

as in we aren't employers... and you'd better have your own workman's comp insurance cause you ain't suing us buddy...

though it is written like we are your buddy... look no forced dispatched, we like you, you pick the loads and you choose...

*que DARTH VADER music" muwahhhhahahahaaaaa
Not only does my carrier state "no forced dispatch" but they put this clause in the lease agreement.


Quote:
CONTRACTOR NOT EMPLOYEE OF CARRIER. It is expressly understood and agreed that CONTRACTOR is an independent contractor for the Equipment and driver services provided pursuant to this Agreement. CONTRACTOR agrees to defend, indemnify and hold CARRIER harmless for any claims, suits, or actions, including reasonable attorney's fees in protecting CARRIER'S interests, brought by employees, any union, the public, or state or federal agencies, arising out of the operation of this Equipment or the providing of driver services under this Agreement. CONTRACTOR hereby assumes full control and responsibility for all hours scheduled and worked, wages, salaries, workers' compensation and unemployment insurance, state and federal taxes, fringe benefits, and all other costs relating to the use of drivers and other labor provided by CONTRACTOR pursuant to this Agreement. Proof of such control and responsibility shall be submitted by CONTRACTOR to CARRIER as required by CARRIER and may include, but not limited to, proof of highway use tax being currently paid, proof of income tax being currently paid, and proof of payment of payroll tax for CONTRACTOR'S drivers. For the purposes of this section, the term CONTRACTOR refers to the owner of the Equipment as well as drivers that may be operating the Equipment on behalf of the owner. As required by law, CARRIER agrees to file information tax returns (Form 1099} on behalf of CONTRACTOR if CONTRACTOR is paid more than the statutory amount in compensation during a calendar year. CONTRACTOR hereby acknowledges that CONTRACTOR understands and agrees that CONTRACTOR is:
(i) Responsible to pay estimated social security tax and state and federal income taxes;
(ii) That the social security tax the individual must pay is higher than the social security tax the individual would pay if he or she were an employee; and
(iii) That the work is not covered by the unemployment compensation law of any state.
Reply With Quote
  ^ Top   #53  
Old 12.21.2007
Banned or Retired
 
Member Since: Jun 2006
Location: Grand Rapids, MI
Trucker? 17 Years
Age: 55
Posts: 11,010
My Trucking Photos: 105

Thanks: 1,620
Thanked: 3,176 Times
Quote:
Originally Posted by im6under View Post
hence that now world famous phrase...

"no forced dispatch"

as in we aren't employers... and you'd better have your own workman's comp insurance cause you ain't suing us buddy...

though it is written like we are your buddy... look no forced dispatched, we like you, you pick the loads and you choose...

*que DARTH VADER music" muwahhhhahahahaaaaa
Very few companies are actually "No Forced Dispatch" as they claim either. They can only be legitimate "No Forced" if they offer you a choice of several loads, as does Landstar, Jones Motor Freight and a few others.
Reply With Quote
  ^ Top   #54  
Old 12.21.2007
Banned or Retired
 
Member Since: Jun 2006
Location: Grand Rapids, MI
Trucker? 17 Years
Age: 55
Posts: 11,010
My Trucking Photos: 105

Thanks: 1,620
Thanked: 3,176 Times
Quote:
Originally Posted by Joethemechanic View Post
Not only does my carrier state "no forced dispatch" but they put this clause in the lease agreement.
So, by YOUR Contract, you are required to pay all taxes, including those for "employees" and show proof.
Quote:
Proof of such control and responsibility shall be submitted by CONTRACTOR to CARRIER as required by CARRIER and may include, but not limited to, proof of highway use tax being currently paid, proof of income tax being currently paid, and proof of payment of payroll tax for CONTRACTOR'S drivers.
However, as I stated, any company that claims to be "No Forced Dispatch" MUST offer a choice of multiple loads to be truly "No Forced Dispatch"
It isn't enough to just claim to be so in a Contract. It must be demonstrated.
Reply With Quote
  ^ Top   #55  
Old 03.02.2008
Bobtail Member
 
Last Seen: 03.10.2008 12.08 AM
Member Since: Oct 2007
Location: Port Huron,Mi
Trucker? Trucker Wife
Age: 37
Posts: 5
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
My husband actually worked for this guy BIG MISTAKE he did 3 runs over 3800 miles and recieved $396 He witheld $600 for tires that had to be replaced when driving on pure ice when his trucks brakes locked up and wore his tires at first he said it was ok don't worry about it 2 weeks go by my husband asks for his first check he was told he would not recieve his first check for 3 weeks needing the job he stayed 3rd week we get his first check for over a 1500 mile run he gets $125 and learns this guy is charging him for the tires claiming driver neglect which would be mechanical failure.this was during one of the storms in the truckstop he was stopped at over 37 trucks had to be towed.Then the guy turns around and removes all of my husbands possessions out of the truck and tells him to come pick his stuff up at a police station which some of his stuff was missing which he said he would give back when he felt like it.He also charged my husband a $100 for DS/Physical which was never discussed that my husband was paying for this.This boy needs to man up and do whats right.
Reply With Quote
  ^ Top   #56  
Old 03.02.2008
Bobtail Member
 
Last Seen: 03.10.2008 12.08 AM
Member Since: Oct 2007
Location: Port Huron,Mi
Trucker? Trucker Wife
Age: 37
Posts: 5
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
I also forgot to mention that then he said he would pay half of the tires before my husband got his stuff then he turned around and changed it back to my husbands going to pay the full amount.
Reply With Quote
Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links:

  ^ Top   #57  
Old 03.03.2008
MedicineMan's Avatar
Solution Finder
 
Last Seen: 5 Hours Ago 01.08 AM
Member Since: Jan 2007
Location: Woodville, TX
Trucker? 15 Years
Age: 36
Posts: 17,663
My Trucking Photos: 4

Thanks: 33
Thanked: 2,992 Times
Who is "this guy"? Are you talking about the guy who started this thread?
Reply With Quote
  ^ Top   #58  
Old 03.03.2008
Bobtail Member
 
Last Seen: 03.10.2008 12.08 AM
Member Since: Oct 2007
Location: Port Huron,Mi
Trucker? Trucker Wife
Age: 37
Posts: 5
My Trucking Photos: 0

Thanks: 0
Thanked: 0 Times
Yes I am referring to Xizbit his name is Mike and his company is called Neiko Group
Reply With Quote
  ^ Top   #59  
Old 03.03.2008
MedicineMan's Avatar
Solution Finder
 
Last Seen: 5 Hours Ago 01.08 AM
Member Since: Jan 2007
Location: Woodville, TX
Trucker? 15 Years
Age: 36
Posts: 17,663
My Trucking Photos: 4

Thanks: 33
Thanked: 2,992 Times
That doesn't surprise me.
Reply With Quote
  ^ Top   #60  
Old 03.03.2008
TX_Proud's Avatar
Light Load Member
 
Member Since: Jan 2007
Location: Houston, TX
Posts: 270
My Trucking Photos: 0

Thanks: 35
Thanked: 37 Times
Very interesting thread. "Mike" is incorrect in paying hired employees via 1099, the law is very clear on that point. If I own the truck, whether I am making payments on it or own it outright, and I hire someone to drive it, they are my employee. They get paid on a W2 and taxes are withheld. If I "hire" an owner/operator who owns his own truck but does not have his own authority, then he is a contractor and I offer him a choice of loads. It is his/her decision as to whether to accept them or not. A contractor is paid on a 1099.

So "Mike" claims his employees are contractors, but who is paying for the fuel? Who pays for maintenance on the equipment? Who takes advantage of tax credits like depreciation and interest expenses on the equipment?

Putting language in a "contract" for an employee does not absolve the employer of their responsibility to account for the wages and employment taxes.

Now that "Mike" has been outted, I wonder how long before the IRS comes a calling????

It is amazing to me that "Mike" claims to be an astute businessman yet seems to lack some very basic business knowledge and ethics.
Reply With Quote
Reply

Truckers' Trucking Forum/Message Board


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Trucker Forum Replies Last Post
36 million drivers would flunk drivers tests Cybergal News - NON Trucking News 7 05.18.2008 05.26 PM
High Fuel Prices = Less Benifits/Co Drivers Capin51 Motor Carrier Questions - The Inside Scoop 1 04.23.2008 09.25 PM
Semi drivers fret at weather, bad drivers Cybergal Truckers News 0 02.20.2008 08.58 AM
questions for trans am drivers or other refer drivers Tarheel Questions From New Drivers 2 12.06.2007 05.09 PM
Benifits at TMC Crenshaw Motor Carrier Questions - The Inside Scoop 2 07.11.2007 09.17 AM


.


vBulletin Forum Software, Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
Copyright © TheTruckersReport.com - Trucking Forum & Message Board - Truck Driver Discussion - Truck Forum

Trucker Forum Disclaimer: All content, information and opinions (collectively, the "Material") presented on Our Trucker Forum Discussion Board at TheTruckersReport.com are those of the authors of posts and messages (collectively, the "participants") and not The Truckers Report. The Truckers Report does not guarantee the reliability, completeness, accuracy, timeliness or up-to-date-ness of the material presented on the Truck Driver Forum. The material is published "as is," and does not represent the official views and opinions of The Truckers Report or any company. Any reliance upon the Material presented on these forums shall be at User's own risk. The Truckers Report does not review the substance of the content posted by users on these forums and is therefore not responsible for any of such content. The Truckers Forum merely provides a space for its users to express and exchange their own opinions. Privacy Statement.


Search Engine Friendly URLs by vBSEO