Personal or business

Discussion in 'Ask An Owner Operator' started by kw600, Feb 6, 2014.

  1. kw600

    kw600 Road Train Member

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    Is it better to have the equipment in this case truck and trailer in one's personal name or register under the business name? Would be under an LLC
     
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  3. not4hire

    not4hire Road Train Member

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    It would be best to speak to your accountant and lawyer about your circumstances. However, in general terms I have always recommended that they should be in a business for the primary reason of distancing any potential liability from you personally. In some cases having the assets in a holding company which then leases them to an operating company may be the way to go. It won't make much of a difference if you do something grossly negligent, but it should minimize anything less than that, should it occur. Potential liabilities can include accidents, business or financial incidents.
     
  4. hilliard

    hilliard Light Load Member

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    I know a driver who went through a level1 2 weeks ago in KS .
    The cab card of truck showed truck owner personal name. (aaaa)
    The MC authority certificate showed the business name (bbbb

    company was given a violation for no possession of letter that shows (aaaa) was leased to (bbbb) even thought they are one of the same.

    I myself never had an issue in this same scenario and never have been asked for lease letter so ymmv.

    just something to think about
     
    Last edited: Feb 6, 2014
  5. mc8541ss

    mc8541ss Road Train Member

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    My buss consultant/ accountant told me to register my truck and trailer in the corp. name once I became incorporated. Before as a sole proprietor it made no difference as you were one in the same.
     
  6. kw600

    kw600 Road Train Member

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    What if one is to get sued? Say before he gets sued he has a lovely house and car etc. If the equipment is in the business name, they would be able to take the equipment not his house and car, but if it was personal name and he or she owned the business they can than take the house or car
     
  7. mc8541ss

    mc8541ss Road Train Member

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    by business do you mean corporation? Just a business will not work. A corporation can protect you some especially if you have drivers that you have hired. But if you are the driver and you are found to be negligent the corporation and the driver can and most likely will be sued. You cannot separate yourself from negligence. One more layer of protection you could pursue but may be extreme would be to put all of your assets into a trust.
     
  8. kw600

    kw600 Road Train Member

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    By business I mean the LLC from first post
     
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