Originally Posted by DoubleDear

Let me ask you a question,, How you answer this will be your answer to your own question.

You're an Owner Operator. You're probably Leased on with a Trucking Company?
You sign a Lease Contract , stating you are a Independant Contractor.

So they give you work, and tell you where to go ? And when to pick it up and when to deliver it?


Now, can you not do the same if you get yourself a driver to help with your work?

At the end of the year,, the Company gives you a 1099.


You can also do the same,, making up a "SubContractor" Lease.
There are SubContractors working in Every State.

Originally Posted by Pawnd

I have to disagree, as a lease operator you have the option to turn down a load. On the IRS website there will be a question list that will determine if a person is eligible to be 1099 or W2. A co-driver would be an employee. You might get away with paying under a 1099, if you don't; ouch!

But, have seen where the person claimed that they thought the company was withholding taxes, and the IRS agreeing. They get the gross, the IRS calculates the tax, you pay tax, interest, penalties. Understand nonpayment of withholding to the IRS is a nonnegotiable debt, and never gets reduced or goes away. It is an enduring obligation.

The rules for 1099 and W2 employee are very clear, the questions easy, and well tested in court.

Originally Posted by DoubleDear

They thought? Get real! How dumb can they be?

They aren't being dumb.

And while you're leased to a trucking company as an " Independant Contractor". And You slip and fall..,, Who's going to pay for you?

This is a workers comp issue and will depend on the state where the injury occurred, and that particular states laws. If the company did not verify OIA coverage, or WC coverage, it can and will pass through up the chain. As an owner of a vehicle in PA the PIP coverage will be first coverage used.

That is why You have a co-driver sign an " Independant Sub Contractor" contract.

The paper is worthless, it is an illegal contract.

That relieves you of responsibility too.

See above

And a co-driver signing an Independant sub contractor, gives them the right to also say they don't want to do this run.

Really and you will go back to California and pick them up for the next run???

I have done Marketing and Merchandising work on the side, for many years. Every single company had me sign an Independant contractor, contract, even though they told me where , when and how long to work. I don't know of one marketing company that doesn't use an Independant contractor contract.

Does not make it legal. Many do it in construction as well, and many have paid the price when caught.

Trucking companies are not the only industry that does this. There are many , many types of jobs who uses the Independant contractor list.
Are they all going to run to the IRS and say? "I'm an employee ! "

There are many trucking companies that won't let a driver turn down a run. Been there and done it.

Originally Posted by jose89

So can anyone give me the link to what specifially seperates an employee and contractor