now my friend i hate to see you sell your truck but onnly you no your circumstance . but if you have to sell i would stay away from a dealer your sure to lose money. i think in todays market i would go with truck paper a lot of drivers read it and trucks move on it , that is probably your best bet. good luck. southernpride![]()
Help Needed Selling Truck and Trailer please
Discussion in 'Ask An Owner Operator' started by Christank, Jun 22, 2010.
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Okay getting out of the business and I need to sell the big truck. Here's my problem. The ttitle is under my name and may wifes name,the busiess name is not on the title. We owe a few thousand dollars to the mechanic for fixing her over the last couple months and have no way to pay him exxept with money from selling the truck. How do we do this the correct legal way? If someone buys the truck and writes us a check then it has to go into the personal checking account. And how can I write checks to the mechanic from our personal checking account when they won't be allowed as business deductios?? HELP!!!!
I have called all over and get no help on this.... I need the deductions for end of years taxes. and I need to get the truck sold legally. Tell me someone else has had the same predicament please. -
Not having the business name on the title shouldn't be a problem as far as selling the truck. For tax purposes you might run into a problem if you are a corporation ar an LLC. As a partnership or sole proprietorship I don't see a problem but, talk to an attorney or CPA first.
Now .... as long as there is a paper trail regarding the money you shouldn't have a problem using it as a tax deduction either. You could also sell the truck and take the money into your personal account and then transfer it to your business account an pay the mechanic from there.
Now if you really want to get intricate you could sell the truck to your business and then sell the truck to a new buyer and deposit the money into the business account and pay the mechanic.
BTW - I used to have a business and the bank would let me deposit personal checks into the business account all of the time and the IRS didn't seem to mind as long as all of the money was accounted for.
****** if you're really worried about it see a CPA or attorney for the best route to take****
my 2 cents
............ Jim -
Can I deposit the money from the sale of the truck into my business account? Or do I have to put it into my personal account because the business name is not on the truck. Also can you transfer money from a personal accout into the business account? I am a sole proprieter.
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1st - verify everything with a CPA or tax attorney that is familiar with the law in your state.
Now that I've gotten that out of the way....... My wife and I owned a small business for many years and we never had a problem depositing personal funds into the business account. Just kept good records and turned everything over to the CPA at tax time.
Our banks only restriction on depositing was that the check was made out to one of us as we were both listed on the account... your bank may have a different policy.
As for being a sole propretor ..... you are the business and the business is you. So there aren't really any conflicts with the money and it's source - as long as you keep good records.
I'm not a CPA or an attorney .... but, I really don't see any issues here. Just sell it document the money and pay the mechanic what you owe him and, be done with it.
jmho
.......... JimChristank Thanks this. -
Since you are a sole proprietor, you can withdraw funds from the account with no problem.Christank Thanks this. -
How can I deposit the money into the business account though. The truck title is under my name but also my wifes name the DBA business name is not on the title at all......So I am assuming the buyer has to make the check out to us.....The business is only under my name and a DBA name.
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Since you are a sole proprietor, it really makes no difference. The truck is a business asset and the proceeds from it will be removed from the income the business had and then reflected on the personal return under section 1245.
If you do not have an accountant and are asking these questions now, I feel sorry for you.
The accountant/tax preparer should be involved.Christank Thanks this. -
Yes I have one...he is on vacation right now. I just think since he isn't in the trucking industry that he may miss a few relevant things that only you guys would understand. Thanks.
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