help paperwork got screwed up now looks like im gonna have to scrap truck

Discussion in 'Ask An Owner Operator' started by afterburn25, Jul 12, 2012.

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  1. Jul 12, 2012 #1
    afterburn25

    afterburn25 Medium Load Member

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    I recently purchased a truck and formed an LLC problem is truck is in my name i want it in company name but now things really got messed up with the 2290 form i asked the IRS and they told me to file it under a company name so i did and paid the fee.
    now i find out because the 2290 was done unde3r company name and truck is under my name since they don't match i can not get tags for it. thats where the problem comes in i cant transfer truck into my company name since im the only signer for my company i cant be both buyer and seller and i have no one that can sign for the company now people are telling me all i can do is get rid of truck and forget the whole thing that it is now rendered useless is there anything i can do.
     
    afterburn25, Jul 12, 2012
    afterburn25, Jul 12, 2012
    #1
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  3. Jul 12, 2012 #2
    aiwiron

    aiwiron Road Train Member

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    Find a lawyer to help you out.
     
    aiwiron, Jul 12, 2012
    aiwiron, Jul 12, 2012
    #2
  4. Jul 12, 2012 #3
    afterburn25

    afterburn25 Medium Load Member

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    well unless the lawyer can sign on behalf of the company not much they can do even if they could it would cost a ridicules amount
     
    afterburn25, Jul 12, 2012
    afterburn25, Jul 12, 2012
    #3
  5. Jul 12, 2012 #4
    Githiun

    Githiun Bobtail Member

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    If you have someone you trust, could you "sell" the truck to someone else you trust. Transfer it into their name and then have them sell it back to the company. It'll cost you extra in additional DMV fees and such but other than that should be fine. Just make sure you coss your T's and Dot your I's.
     
    Githiun, Jul 12, 2012
    Githiun, Jul 12, 2012
    #4
  7. Jul 12, 2012 #5
    ralph

    ralph Road Train Member

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    It doesn't matter what name the 2290 is in as long as you can prove that it was paid. The payment belongs to the vehicle VIN.
     
    ralph, Jul 12, 2012
    ralph, Jul 12, 2012
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    grizzly Thanks this.
  8. Jul 12, 2012 #6
    jbatmick

    jbatmick Road Train Member

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    Very correct. Write up a lease from you to corporation. I have done this before. So long as VIN matches paid 2290, all is good to go.
     
    jbatmick, Jul 12, 2012
    jbatmick, Jul 12, 2012
    #6
  9. Jul 12, 2012 #7
    ITS62

    ITS62 Light Load Member

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    Worst case just refile the 2290 under your name. Paying another $550 fee sounds like a better idea then scraping a truck if you need plates quick.

    But from a legal perspective as a LLC...YOU are not the buyer and seller. The LLC is one and you are the other...and you can represent both. a LLC is its own legal entity. Sounds more like you have an idiot at the DMV and without a doubt should be able to put the truck in the LLC's name....but I could see the truck and 2290 needing to be in the same name to be issued plates.

    Another option is to put BOTH names on the registration, then sort it out later and transfer it where you want it. My registration reads Registered Owner: JOHN DOE DBA: MY COMPANY NAME
     
    ITS62, Jul 12, 2012
    ITS62, Jul 12, 2012
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    aiwiron Thanks this.
  10. Jul 12, 2012 #8
    Clasix1055

    Clasix1055 Even when I'm wrong I'm right

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    Somebody is telling you something wrong ..... My 2290 is in my company name my truck is in my name leased to the company. ?????? Check our facts
     
    Clasix1055, Jul 12, 2012
    Clasix1055, Jul 12, 2012
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    SHC Thanks this.
  11. Jul 12, 2012 #9
    112racing

    112racing Road Train Member

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    2290 goes with truck no matter who owns it as long as you have proof it was paid thats all you need for tags
     
    112racing, Jul 12, 2012
    112racing, Jul 12, 2012
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  12. Jul 13, 2012 #10
    DuckerTrucker

    DuckerTrucker Bobtail Member

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    I recently had a similar situation with my truck. I would recommend filing a new Form 2290 in your name. For the 2290 that you already paid, you could file a Form 8849 under your LLC to obtain a credit for this return. This way you should be able to get tags on your truck.

    I used Express Truck Tax to help me with this. If you would like to contact them directly, their number is 704.234.6005
     
    DuckerTrucker, Jul 13, 2012
    DuckerTrucker, Jul 13, 2012
    #10
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