Am I an independent contractor ? 1099 ?

Discussion in 'Experienced Truckers' Advice' started by Stimpy05, Aug 31, 2011.

  1. Stimpy05

    Stimpy05 Bobtail Member

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    I am considering working for a driver leasing company. This is how it works. I call them the day before and let them know if I want to work the next day and if I do they give me an assignment. I go to wherever the work is, use the companies trucks/trailers etc that needed help that day and complete whatever it is they want me to do. I don't use my own truck, there is no force dispatch, I can work whenever I want. I get paid by the leasing company by turning in a time sheet and no taxes at all are taken out. I get no benefits, no vacations, none of that stuff. Now I will have to file a 1099 at the end of the year and that has me concerned. Can anyone give me some advice on whether or not this is a good idea ? thanks
     
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  3. BigJohn54

    BigJohn54 Gone, but NEVER forgotten

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    You don't file a 1099, they give you a Form 1099 showing how much you were paid at the end of the year instead of a Form W-2. You will need to save 20 - 25% of what you are paid for taxes unless you come up with a lot of deductions or make very little. Social Security alone is 13.3%.

    You will need to make quarterly payments to the IRS. You will need a tax professional to help you figure out what to send in. You have to decide whether it is a good idea for you. If you can make some money and have no trouble saving for taxes, it could be a good deal.
     
  4. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Yeah, basically it's YOU witholding taxes, instead of the employer. So, save and put aside 20% when you get paid, because you'll have to come up with the $$$ April 15th.
     
  5. Big Don

    Big Don "Old Fart"

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    I'm not at all sure that you can legally do this! It is my understanding that to be a legal "1099 contractor" you have to be using your own equipment, among other things.

    Let's run this by RoadMedic and see what he has to say. I'll try to get his attention directed to this thread.
     
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  6. BigJohn54

    BigJohn54 Gone, but NEVER forgotten

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    Roadmedic will say it's not legal. As an enrolled agent that is his only possible reply. It is done all the time and will most likely continue until the end of time.

    I see it from the Taxpayer's perspective and not the IRS perspective. My interpretation is more liberal. IMHO, there is a lot of interpretation involved in taxation.

    This subject has guidelines to make your decisions from. There will always be a big difference of opinions here. This will only change if they write new rules that don't have wiggle room.

    This particular situation is probably not legal, even in my opinion. The contractor has no liability, control or responsibility.
     
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  7. Stimpy05

    Stimpy05 Bobtail Member

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    I always thought you had to have your own equipment to be considered a IC. I am wondering if I should call the IRS and ask them. It seems like maybe the leasing company is trying to get over on not paying taxes because the drivers are not their employees ?
    All they do is the background check, drug testing, etc and then when a company that is short drivers needs one, they would call the leasing company who would call me and I would go to that company and use their equipment.
     
  8. Big Don

    Big Don "Old Fart"

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    I believe that is exactly what they are doing. And I don't believe it is legal at all.
     
  9. BigJohn54

    BigJohn54 Gone, but NEVER forgotten

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  10. Stimpy05

    Stimpy05 Bobtail Member

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    Thanks BigJohn. I have looked over those links and there seems to be some wiggle room. This company has been around for a few decades so I imagine they know what they can get away with. I do like the situation as far as not being under any obligations. Going to one company and finding out that the equipment is trash or they operate all shady and then being able to leave and go somewhere else the very next day appeals to me. I need variety. It's all hourly and OT after 8 so I guess I will give it a shot for a few months and see how it goes before I get in too deep tax wise.
     
  11. BigJohn54

    BigJohn54 Gone, but NEVER forgotten

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    You are very welcome.

    You can pay your tax at the end of the year. However, if you don't have a certain percentage paid in during the year, you will owe interest and penalties on the balance due. It is best to pay in each quarter.

    Besides paying income tax and social security to the IRS, you must pay income tax to your state too if they have income tax.
     
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