1099 employment question

Discussion in 'Trucker Legal Advice' started by chalupa, Jan 10, 2015.

  1. chalupa

    chalupa Road Train Member

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    None of us are lawyers I'm sure however I'd like to open a discussion based on your experience.......

    The 1099 thing has come to the oilfield and like trucking it's being forced on me. The only choice is to resign.

    Sure I was 1099 in trucking as L/O....totally expected but I'm not trucking anymore...I have no equipment, no write offs less boots and uniforms which is a grand annually if I'm lucky.

    I see this assault as an immediate pay cut of at least 15% and probably more with SE tax. Agree?

    So can a employer just do this? To anybody ? The employee has little choice ? And the IRS could care less as long as they get their share? Really ?

    I have a call in to my CPA from trucking and I'll post the response ...so what's yours?
     
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  3. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    The IRS does care. They have came down on several companies for mis-classifying employees as independent contractors. Yes its a pay cut. You will now have to pay both your and the companies part of your Social Security and Medicare Tax and possibly your own workmans comp. Plus, who is paying the unemploment tax in case you get unemployed. Fight them on this, or find other work if you can.
     
    "semi" retired Thanks this.
  4. Cat sdp

    Cat sdp . .

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    Last edited: Jan 10, 2015
  5. 201

    201 Road Train Member

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    1099 has always been a shady deal. I'm not sure if you have to pay S.S or workers comp., but I know you have to pay a self-employment tax and pay taxes on your income every 1/4 or face the rath of penalties and interest (which add up quick). I would never work for someone that gave me a 1099 again, especially in your situation. When I had my own truck, I got a 1099, but I had a bunch of write-offs, but still couldn't pay my quarterly taxes, and got in a heap of trouble. It seems easier for companies to classify you as an independent contractor, and it saves them the hassle of a w-2, and they probably save money that way. It says a lot about a company that gives you a 1099, scam for sure.
     
  6. cnsper

    cnsper Road Train Member

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    [QUOTE="semi" retired;4405635]1099 has always been a shady deal. I'm not sure if you have to pay S.S or workers comp., but I know you have to pay a self-employment tax and pay taxes on your income every 1/4 or face the rath of penalties and interest (which add up quick). I would never work for someone that gave me a 1099 again, especially in your situation. When I had my own truck, I got a 1099, but I had a bunch of write-offs, but still couldn't pay my quarterly taxes, and got in a heap of trouble. It seems easier for companies to classify you as an independent contractor, and it saves them the hassle of a w-2, and they probably save money that way. It says a lot about a company that gives you a 1099, scam for sure.[/QUOTE]

    There is really no such thing as a self employment tax. What this actually refers to is the employer portion of the Social Security and Medicare tax that you are now responsible for.
     
    Wizard Bill and "semi" retired Thank this.
  7. chalupa

    chalupa Road Train Member

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    Actually no Cat ...I'm an inspector of pipelines. I do use my own measuring tools like profile gauges , depth gauges and weather measuring devices ( tools of the trade ) and I am 3rd party to the oil co. meaning the oil co. calls the inspection co. and says I need inspectors, pays an agreed rate and the inspection co. contracts me to the oil co.

    I agree with the scam part too since last year he took taxes.

    I've already danced with the IRS once in my life and they are not a good partner at all. I have no interest in dancing with them again.

    Thanks for the article....I'll post what my CPA says.
     
    Cat sdp Thanks this.
  8. bobtrucks2204

    bobtrucks2204 Light Load Member

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    Pay cut? Yes indeed, think more along the lines of 30 - 35%. If you have any benefits with your employer like holidays, vacations or health insurance (where they kick in a percentage), they are paying for that. When you become "Self Employed" and receive a 1099, you are losing that free money.

    Then, think of the bookkeeping tasks and time that will cost you to keep up on taxes and insurance. I'm not talking business expenses here, just personal. It all adds up.

    Here's an idea: Tell them you're fine with that but you need a raise to go that route. Something like 50% would work or you walk.
     
  9. jte

    jte Bobtail Member

    A company in Texas moves equipment for Schlumberger, Halliburton,.... The only equipment they have other than chase vans is office equipment. They pay their drivers weekly salary ( or a fixed amount weekly) and give them a 1099. The drivers are on-call . To be paid the entire amount they have to be available the whole week except in the case of a 24 hr reset.
    Is this legal ?

    My wife was a nail tech in Florida and was paid on a 1099 and they made her get a business license.
     
  10. chalupa

    chalupa Road Train Member

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    CPA just called...obviously she said run /refuse etc. I told her it was suicide and I would lose the gig.....( no doubts ) so she said it's a pay cut of 12 to 15% right off the top plus..plus .

    I also get per diem and mileage so I asked about deductions........Obviously I can only deduct what exceeds the amount of PD and mileage paid AND employers pulling this crap "TYPICALLY " 1099 you for the entire amount which is double my salary......

    So basically I'm on the hook for the wages of a truck with no deductions. ( My expenses do not exceed the PD and mileage paid )

    And what of workers comp? I know I have to have it and I'm sure the employer used to pay it.....and I'm sure if the oil co. finds out I'm on a lease without it I'm toast......

    Reminds me of trucking.......
     
    Cat sdp and Tall Mike Thank this.
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