1099 or employee

They can post expenses on their books not tied to payroll tax returns. There are many business entities that fake expenses.

 

Evidently you haven't read my other posts on trucking and 1099's because you are saying what I have already said. I know what the law says and so does Road Medic. All I was doing was pointing out the construction industry is one exception as I was building houses in another life. The construction industry does consists of a lot of contracting and sub contracting. Hence the name General Contractor. You either work for him (W-2) or you sub-contract off him with your own company, employees and WC. Trucking doesn't fall under those rules unless you hire an OO or lease operator. There is no such thing as your equipment, your fuel, your loads and a driver is sub-contracting off you.

 

No, I have not read all of your posts and really have no idea who you even are. This much I do know, Sub Contractor and Independent Contractor are both used in the construction industry to distinguish someone other then an employee and I used both terms quite often in my contracts.

I really do not understand what you are trying to say in your last sentence. "There is no such thing as your equipment, your fuel, your loads and a driver is sub-contracting off you". How about this, "My equipment is my tools table saws, chop saws, shop vacs, ect, my fuel is what I put in my generators, my loads are the material that I pay for and deliver to my job site, my driver is the guy doing work for me". Now if I turn around and give this guy a 1099 because I told him he was a Independent Contractor, I am at fault. This happens every single day in Northern Virginia with contractors and their help.

The law applies equally to both groups as to what is required to be classified as either a Employee or a Independent Contractor. This comes off the website of the IRS and is in no way shape or form, my opinion.

 

When I go to the Court House on Tuesday, I will list fraud as the underlying issue concerning monies I am owed for the three day run. I told him straight up that I refused to sign his 1099. Once I have the paperwork entered into the Court System, then I will start other proceedings concerning the IRS. If you go to their website, they have many directions a person can take to protect themselves from companies that try and do this type of fraud. Yes, the IRS does consider this fraud, according to their website. I downloaded the paperwork yesterday and already have it filled out. That's what I love about Virginia, from paperwork needed from the Courts, to running open background checks on any person or company in Virginia, it's only a few mouse clicks away! Drive Safe!

 

There are many on this forum that believe this to be okay. I have posted on many threads on it and get the same argument over and over.

Good luck.

 

I really have no desire to argue with anyone concerning this issue, I feel your pain and I am not in the habit of "talking to a brick wall". The companies that want to do this, I say go for it. Whatever floats your boat. As far as myself, I am more then satisfied by my stance on this issue and unless someone can show me, by means of "Written Law", then it is just their opinion and they have a right to it, just as I have a right to mine. People forget that we are not talking about "State Requirements", we are talking about "Federal Requirements".

I want you to know Roadmedic that It was never about "Not Believing" what you were telling me in the beginning, it was about me being able to be 100% satisfied concerning this issue. It is my personality to "get it straight from the horses mouth" and that my friend, is just what I have done. Thanks again for your advice!

 

No problem. It is why I gave links to support it.

 

True, but if it was in-question by a IRS inquiry after a while I would think something would show up shady, as always I could be wrong.