1099 Job

Discussion in 'Trucker Taxes and Truck Financing' started by BoyWander, Jul 2, 2012.

  1. Brickman

    Brickman Trucker Forum STAFF

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    Actually you are wrong.


    You NEED to go read the IRS regs on this. Read them for yourself.


    http://www.irs.gov/businesses/small/article/0,,id=99921,00.html/
     
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  3. Brickman

    Brickman Trucker Forum STAFF

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    The mods will or wont close a thread at their discretion.
     
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  4. BoyWander

    BoyWander Road Train Member

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  5. Brickman

    Brickman Trucker Forum STAFF

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    I find it interesting that the very first example given is for trucking.
    Could it be that the Vermont labor board knows this is a major source of violations?????

    Multiple levels of proving that driving a truck owned by some one else makes you their employee.


     
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  6. BoyWander

    BoyWander Road Train Member

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    I think that about says it all.

    I wonder if/when there will be a crackdown on this practice.
     
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  7. G/MAN

    G/MAN Road Train Member

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    One reason so many carriers have gone to lease purchase is because of the 1099/W2 controversy. More and more carriers are also moving toward recruiting small carriers and independents with their own authority so that there is no question about who is responsible for the taxes. The only reason the IRS would get involved is if the driver evades paying his taxes. The driver takes the 1099 position, agrees to be responsible for his taxes and then spends the money and when the IRS comes calling wanting their tax money the driver tries to put the blame on the carrier. Being paid on a 1099 can be a good way to go for some and perhaps not for others. Not everyone wants to have their taxes withheld. If you don't want the responsibility of paying your own taxes then don't take a position where you will be paid on a 1099 and be responsible for your taxes. Go with a carrier that takes the taxes out of your check and pays your taxes for you. Don't take a position that you know pays on a 1099 and then complain about it later. Most 1099 positions offer the means to earn a bigger paycheck than on a W2. Not every company deals fairly with their employees or contractors. I believe that most are honest and treat drivers in a fair manner. Whether a company pays 1099 or W2 doesn't make one more honest or fair than another. It is just different. Some carriers pay a per diem, others don't. Does that mean that one is honest and the other isn't? The pay is the same. Both the driver and carrier may pay a lower tax rate with per diem. It also may eliminate one standard tax deduction for the drivers who are paid a per diem.
     
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  8. Roadmedic

    Roadmedic Road Train Member

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    I know you have seen much on this.

    Over the many years that I have been involved in accounting and taxes, 1099 issues have been a sore spot on the IRS. In some areas of the country they have been more agressive on enforcement and in others, not as active. With the recent laws that require more 1099 documentation, it is not going to be a surprise to see this become a more popular target.

    As stated by many, it is nothing more than avoidance of following the proper laws and has been done for years. If in fact, many people had been jumping off cliffs for years, it does not make it right.

    If you are involved in an accident, you have received much advice.

    Walk very quickly away from this, I can smell it from here.
     
  9. BoyWander

    BoyWander Road Train Member

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    Update. I've decided not to work for this particular person.

    I keep calling on jobs, anything I find on Craigslist. I really need to get rolling again, I miss the road.

    So I called on another gig today. Dedicated lane from Detroit to Los Indios, TX, M-F, 07 FLiner hauling auto parts. It's an O/O who has 4 trucks leased on to a larger company called Rush Trucking. (700 trucks or so).

    The pay is 1099. But it's $1,100 a week.

    I called the guy, he told me some details, told him about my 3 years OTR and clean record, he's interested, etc etc. I'm about ready to take the offer.

    Seems like everyone is paying 1099, and if you don't want 1099, then you gotta go to a large company.

    As long as they don't make me sign a contract stating that I'd be responsible for any kind of damages, such as the cargo, like the last guy had me sign, if there's no BS, then I;ll probably take the deal.

    Rush Trucking seems like a mostly respectable outfit, or about as respectable as larger OTR companies come.

    I need to work.

    I have also read about truckers as IC's who are actually company employees. Turns out you are not an Independent Contractor by signing a contract, or stating that you are, it goes by what the lawbook says about it. Hell, I could even take my pay 1099, sign a contract or whatever, and then at the end of the year, I could still file as an employee and have the IRS take the extra taxes out of THEIR pockets, not mine. I'd have to fill out I think an SS8 form, and then there would be legal proceedings, audits, etc.

    But in the meantime, I just want to work, and Detroit to Los Indios, M-F at $1,100 a week, yeah it's 33 cents a mile, but it's stable, it's consistent, and I'd be home on the weekends, and I'd only have to deal with one shipper a week. D&H in Detroit, live unload/reload in Indios. 3,300 miles roundtrip, plus I'd get to see a buddy of mine in West Tenn once a week.

    Does anyone have any experience driving for an O/O with a 1099 who has trucks leased on to a larger company?

    And please, don't nobody send me messages saying nothing but "you're gonna be sorry" - just give me detailed advice.

    Thank you very much for all the replies so far.
     
  10. Roadmedic

    Roadmedic Road Train Member

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    Anytime you work under 1099 with anyone, my comments will be the same as I posted.
     
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  11. G/MAN

    G/MAN Road Train Member

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    If you plan on working for somone and then turning them into the IRS when tax time comes, then don't take the position. Just pay your own taxes like the rest of us. I have worked under a 1099 and prefer it to W2, but then I pay my own taxes. When I make an agreement I stick with it. I would never take a position paying 1099 and then get the government involved. Just find a company that takes taxes out of your check and gives you a W2 at the end of the year. If you are not responsible enough to save money out of your checks and pay your taxes, then stay away from anyone paying on a 1099. When you turn a company in for paying you on a 1099, when that was your agreement, rather than paying your taxes then you are evading your taxes.
     
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