So I may be starting working for this guy that has 6 or 7 trucks.
He wants to pay me with a 1099 as an IC. I told him I wanted to be paid as an employee, and he goes and talks to his accountant, then comes back a few days later and tells me it's not going to work out paying me as an employee.
We agreed on 38cpm, loaded miles only, except deadhead miles are paid over 60 miles of deadhead. He says he can keep me plenty busy, 3,500 miles a week every week if I had wanted it.
I read another thread on this forum about this, and seems like the arguments were mostly evenly split for and against.
Just a couple of questions -
1) if I get involved in an accident, does his truck insurance still cover any of my injuries as a result of the accident? He obv does not have workman's comp. and he admits this.
2) Could I still deduct the standard per diem of ($55? $85?) for every day I'm out on the road when I file my taxes at the end of the year?
3) Would I be paying the same amount of taxes whether I'm paid as an employee or contractor?
Thanks for all your future responses.
1099 Job
Discussion in 'Trucker Taxes and Truck Financing' started by BoyWander, Jul 2, 2012.
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This guy is going to rape you.Brickman Thanks this. -
1. Not sure, not my area.
2. Yep. What ever that is this year.
3. Nope. You get to foot the entire bill. Your "boss" doesn't want to contribute his portion, hence the 1099. On a w-2 Employee, the boss pays 7.5 %, you pay 7.5%. In the1099 scenario--you pay it all. -
Your self employment tax is 15% not 7.5%.
bullhaulerswife Thanks this. -
So you're saying I'd have to pay an additional 7.5 % of my income in taxes by being paid as an IC? That's an extra 3 cents per mile based on 3,000 miles a week.
I wonder if it would be worth telling him I'd do it, but you'd have to pay me 42cpm instead of 38cpm.bullhaulerswife Thanks this. -
Yop.
Are you able to choose your loads? When and where you go? Total freedom of action? -
No idea, but frankly I don't care, as long as he keeps me busy, I don't care where I go.
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If he is telling you what to do, you do NOT meet the requirements of an independent contractor.
Not only are you stuck with the extra taxes, but if you are injured ON THE JOB, you will have NO work comp to cover you. He's not paying for it.bullhaulerswife and Brickman Thank this. -
Right, in an actual employee/employer situation, you split that amount.
Sorry, when the IRS takes a look at this situation, someone is gonna bet bit in the behind. It's not a legal scenario. He checked w/ his accountant. NOT his lawyer. The accountant told him what was best for his bottom line (and..if he paid ONE guy as a W2, and not the rest, that's gonna raise red flags all over the place. Which would be why the accountant told him it was a no-go.) Who buys the fuel? Who pays the insurance on the truck? Who's paying the OCC/ACC insurance? If the answers to the first 2 are HIM, and the answer to the last is NO ONE, you are getting bent over, w/ no lube. -
All I asked is if my questions could be answered.
If he can pay me 42 cpm, keep me busy with at least 3,200 miles per week, then I really don't care about the tax situation. I'll pay the taxes, because it's still better than getting paid 34 cpm with 2,500 miles per week with a large company.
All I really need to know, is if I get involved in an accident, will his truck insurance still cover any of my injuries?
My other two questions have been answered already.
7.5% more in taxes, like I said, is only 3 cents per mile more pay to make up for it, based on 3,000 miles a week.
Did you once get paid by 1099 and didn't know you were supposed to pay your own taxes? Is that why you said I'd get screwed, like you thought you did, but it was your own fault because you didn't know what taxes were?
Thanks for all of the purely informative replies.
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