SE Tax owed on Workers Compensation Insurance Premium ?

Discussion in 'Trucker Taxes and Truck Financing' started by ml48603, Sep 27, 2016.

  1. ml48603

    ml48603 Bobtail Member

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    Jun 22, 2012
    Michigan
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    I am a first time 1099 driver. I do not own a truck. I will be driving for a motorcarrier. I want to buy my own workers compensation insurance policy, as the company does not offer one and I am required by the motorcarrier to purchase my own. I have formed an LLC for myself so that a workers compensation insurer will be required to pay any claims. ( Workers comp insurers do not have to pay on claims filed by sole proprietors ...I only discovered that today )

    My question is in regard to Federal SE taxes (15.3%) : My workers comp insurance premium will be $250 per month. Am I allowed to NOT to pay 15.3% of the $250 I am paying on my workers comp insurance premium ?

    Schedule C Line 15 does not allow an LLC of 1 person (me) to report my workers comp insurance premiums on this line, rather report it on form 1040 line 29. Reporting premiums paid on line 29 of 1040 reduces the filer's AGI by the full amount of the premiums paid. Since deduction of the Workers Comp Premium is not allowed on Schedule C, Schedule SE tax is paid on the final line on Schedule C. I am guessing that the SE tax must be paid on the $250 monthly premium.

    Does anyone know for sure?
     
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  3. Scooter Jones

    Scooter Jones Road Train Member

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    You're mixing apples and oranges.
     
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  4. strollinruss

    strollinruss Road Train Member

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    Montgomery, TX
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    Hire a good cpa and don't ask those kind of questions here. Oh, you'll get an answer, but you know......
     
  5. Bean Jr.

    Bean Jr. Road Train Member

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    Unless the carrier doesn't own the truck, you are an employee. Your carrier should be paying 1/2 the se tax and paying for workers' comp.
     
  6. Ridgeline

    Ridgeline Road Train Member

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    Well you are wrong about workers comp.

    SP has nothing to do with it.

    Each driver I have is a 1099 and they are required to have workers comp insurance. A few have filed claims and gottened payouts without issue. Only a couple of the teams are inc because they are h/w and they enjoy the tax benefits.

    And to answer your question, this is a write off of your gross. It is a requirement to do business as would be things like uncompensated safety clothing and tools. After your write offs, you have an adjusted income where the SE is applied.

    But it begs a couple questions.

    One is why an llc to cover this issue.

    Second is are you driving for an owner or the company?

    If you driving for the company, bare in mind that you may be an employee and not a contracted resource.
     
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  7. Cowpie1

    Cowpie1 Road Train Member

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    Kellogg, IA
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    Some places, it is called Occupational Accident insurance and not worker's comp. OCCACC will pay even if a sole proprietor. The premiums are part of operating expenses and deductible, which means, before income and FICA taxes. It depends on insurance carrier and state requirement as to how much it costs. Mine is $136 a month.
     
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