Need some advice,
My father has been an o/o for the majority of his career; hes been driving for 25-26 years. I on the other hand got my CDL when I was 19(one day short of my 20th birthday), few years later I can finally drive out of state(NJ) and get a job for otr with my father. We are leased out to a company as a team.
We have one truck at the moment (paid off), two trailers(one paid off, one will be paid off by September) and would like to get another one by end of this year. I'd like to have the O/O title but still drive with my dad. We plan on opening a business soon as well. Is there any "loopholes" around it when we get a new truck? Can he sign over the title of the old truck so I can be consider an O/O? I know how to do all the paperwork, drive, everything like any other O/O just don't actually "own" a truck. Were thinking of finding a driver to put in the truck we have now, once we buy a new truck...
Just thinking for down the road when we file to our own authority, and how it will/could affect me later on. The sooner the better? Your thoughts...?
Owner Operator discussion
Discussion in 'Ask An Owner Operator' started by kw600, Apr 29, 2012.
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BUMP
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Your dad can continue to own the truck and you just drive it... Of course he can transfer the title to you just so you can call yourself an o/o but would it be worth paying more for a separate insurance policy? BTW, if you plan on getting your own authority, I don't think you will find much team freight unless you find a customer or broker with a dedicated gig.
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If we were to get our own authority we would like to find at least ONE team, the rest single drivers. As far as me getting the truck, would it be wiser for him to hold on to it, the only reason we are still debating is the separate insurance policy which you mentioned.
If he gets a new truck and we get our own authority, we were thinking we could drive separate if there was no team freight through load boards. If we COULD find team freight with our own authority we would drive the new truck together and find a driver for the old truck, and get loads for him through load boards as well...nothing is set in stone we are just exploring our options at this time -
Based on what you are saying, your dad would probably be better off starting a business and put the trucks in the business name.
I rarely see team freight posted on the loadboards, at least not enough to be able to consistently run a team truck. I wish you luck though because that sounds great being able to run with your dad. -
It's been great so far we've been running for just under 9 months leased to a large company. As far as starting the business itself, I'm young and I know insurance is gonna be a big portion of expenses especially if its under my name. Is there a way he can transfer it all to my name in a few years later on down the road, as we I'll be doing this for a living to provide for future mini-me's
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Incorporate. You can both be shareholders of the corporation....or if you go the LLC route, you can both be named as managers of the LLC. He might have more shares, or take on more of a leadership role within the company starting out....but as time progresses he can step down and you can take over with a nice, smooth transition of power. The company name wouldn't change (which can be confusing to your customer base). Vehicles titled in the company name wouldn't have to be retitled due to the change in ownership (saving you $$$$). Existing insurance policies wouldn't have to be changed.
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Great to know, thanks a lot for that information. If we were to incorporate; would it be the same way as the llc would go? We initially thought of LLC but again, nothing set in stone.. is it an easy process to transfer leadership? And if he doesn't want to be listed anymore at all would that be an issue? -
The common response is talk to your attorney on what is best for you but had an attorney trying to hard sell me on the asset protection benefits of a Corporation. But get as much education about the differences between and LLC, S-Corp and C-Corp. I would focus on tax issues based on what you have described. Get you education from sources that are not trying to sell you a service and then talk to your accountant (they know more about tax implications than an attorney will) then go to an attorney.
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Thanks Bill,
From what I have researched both have personal protection from debts/liabilities of the business. What sets them apart is the taxation correct? S-corp you don't file a self employment tax rather a portion on the "salary" of the shareholder. LLC you pay self employment tax on ALL income. That's probably what is so great about S-Corp. When out on the road, the majority of trucks I see who aren't have LLC on their doors though .
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