![]() |
Trucker MySpace
- Truckers Making Friends. Chicken Truckers Come Meet Other Truckers! |
| |||||||
| Truckers' Trucking Forum/Message Board - The Premiere Truck Driver Forum | |||||
| |
| Trucker Legal Advice Discuss issues related to trucking laws, traffic laws, employment laws and more here. We have a trucker/lawyer who will do his best to answer your legal questions. We are NOT responsible for the accuracy of ANY advice given. Use your heads, please. |
![]() |
| | Thread Tools | Rate Thread | Display Modes |
| The Following 2 Users Say Thank You to Roadmedic For This Useful Post: | ||
DoubleDear (06.07.2009), The Bully (06.10.2009) | ||
| Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links: |
| |
| ||||
| c-corp or not now a lot pf people have the wrong impresion about corperations. now use to be forming a corperation was not a bad thing , in some cases it helped you establis credit for your company and people or companys were much more likely to do business with you if you were incorperated and it offered some level of protection if you were sued. in fact you still can be sued if you the driver are at fault in any legal action you can be sued in cival court. if you have your personal information connected to the corperation in any way you have no protection at all. as far as credit forget it no lending instatuition will geve the corperation credit with out all and i mean all your personal information and when you do that you render your corperation useless and you can thank your wonderfull banker for that. my corperation is up in january and it will die at that time i willno longer be incorperation ill go back to doing business as a DBA and its even cheaper, but to each his own. luck to all.-----southernpride |
| ||||
| Quote:
|
| |||
| what about LLC's? Roadmedic Things to think about: Wouldn't the option of an LLC often be more appropriate? They are generally much more flexible in structure, management and reporting requirements in most states. No "double taxation" i.e. corporate tax followed by personal tax. The general consensus is that LLC's offer the benefits of incorporation without the disadvantages. The potential disadavantage of a corporation from the point of liability protection is that protection is often lost if all of the requirements of reporting and running the company are not met. Examples are annual shareholder meetings and annual reports, even if one person is the sole shareholder. I believe there is a requirement of a salary being paid to the officers, which can be difficult to meet in this business. Also I don't think you can just take an "owners draw" from funds as you can with an LLC or as a sole proprietor, since your pay is a salary although you can receive "bonuses". The accounting for corps is much more complicated than the average person is accustomed to. Violate any of these requirements (and if involved in a major lawsuit they will follow the money and paper trails) and you are not entitled to protection, from all I've read and studied. Another disadvantage is operating your corporation in other states that wish to tax you. NJ comes to mind first, since they are known for inspecting trucks, drivers and motor carriers during roadside "safety" inspections to determine their tax status. If found to be a corporation they will check to see if you have filed, and paid, your NJ corporate tax returns for income generated by shipments originating/terminating in their state. Not paid? Deadlined until received (with appropriate penalties and interest). So far the few states doing this are only structured to deal with corporations and have not YET rewritten the legislation to apply to LLC's. Incorporation vs LLC needs to be based on far more factors than can be covered in the forums. Each individuals needs relative to tax treatment and risk tolerance vary. I'm sure you'd agree that consultation with a good attorney and accountant, both well versed in small business and trucking operations, is a prudent investment of time and money. |
| ||||
| Again, it is based on the individual needs at the time of the incorporation. I chose it for the payroll and benefit options I was going to put in place. I had a pension and profit sharing plan for 25% of the wages in place. The LLC was limited on the way I could utilize these. I also was retaining the first 50,000 in net earnings into the corporation at the 15% tax bracket, where the LLC would have flowed to me personally and I was in a much higher bracket. It is known as tax planning. |
| Remove This Ad By Registering. Join Our Truck Forum and Trucking Community For Free. Sponsored Links: |
| |
![]() |
| Truckers' Trucking Forum/Message Board | |||||
| |
| Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | |
| Thread Tools | |
| Display Modes | Rate This Thread |
| |
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.