Feel cheated by 1099

Discussion in 'Trucker Taxes and Truck Financing' started by science, Mar 24, 2015.

  1. Bigray

    Bigray Road Train Member

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    Tampa, Florida
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    I get upset w/ Drivers that sign on w/ these type of Company's when they don't understand what their getting themselves into. 1099 jobs are all around us, they are what they are..

    I prefer those type of jobs over employee type, as a independent Driver you determine when you will or wont work,
     
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  3. science

    science Bobtail Member

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    Mar 24, 2015
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    Well it was certainly a crappy, dangerous job. I had only 2 months experience and a 15 over speeding ticket I didn't fight; and I jumped at the first job I found. After that I was working more than is legal, and just kept up with the grind bidding my time, even though I felt like I had a bad deal. I'm not sure yet if I'll report them or not; my feelings are mixed. Going to talk about it with an accountant.
     
  4. orangepicker

    orangepicker Road Train Member

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  5. xsetra

    xsetra Road Train Member

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    Even if you did sign a contract. YOU are not a contractor. First they supply all the equipment, pay for all operating expenses. Good luck. [​IMG]
    [HR][/HR]

    Topic 762 - Independent Contractor vs. Employee
    For federal employment tax purposes, the usual common law rules are applicable to determine if a worker is an independent contractor or an employee. Under the common law, you must examine the relationship between the worker and the business. You should consider all evidence of the degree of control and independence in this relationship. The facts that provide this evidence fall into three categories – Behavioral Control, Financial Control and the Relationship of the Parties.
    Behavioral Control covers facts that show if the business has a right to direct and control what work is accomplished and how the work is done, through instructions, training or other means.

    Financial Control covers facts that show if the business has a right to direct or control the financial and business aspects of the worker's job. This includes:
    • The extent to which the worker has unreimbursed business expenses
    • The extent of the worker's investment in the facilities or tools used in performing services
    • The extent to which the worker makes his or her services available to the relevant market
    • How the business pays the worker, and
    • The extent to which the worker can realize a profit or incur a loss

    Relationship of the Parties covers facts that show the type of relationship the parties had. This includes:
    • Written contracts describing the relationship the parties intended to create
    • Whether the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay
    • The permanency of the relationship, and
    • The extent to which services performed by the worker are a key aspect of the regular business of the company
    For more information, refer to Publication 15-A (PDF), Employer's Supplemental Tax Guide, or Publication 1779 (PDF), Independent Contractor or Employee. If you want the IRS to determine if a specific individual is an independent contractor or an employee, file Form SS-8 (PDF), Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. For information on eligibility for a voluntary program to reclassify your workers as employees with partial relief from federal employment taxes, visit Voluntary Classification Settlement Program (VCSP) on IRS.gov.

    Page Last Reviewed or Updated: March 06, 2015
     
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  6. amiller

    amiller Medium Load Member

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    You knew you were going to be on 1099 before you started working so don't act like you didn't know what was going on. Don't be a rat now that you see it isn't working for you. Just move on to another company
     
  7. Bigray

    Bigray Road Train Member

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    Nov 23, 2007
    Tampa, Florida
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    Hopefully by now you have some more options, start calling around to find what your looking for. as for me I like those type of jobs that pay 1099, I go in expecting to be payed more then that of a regular driver to compensate for the employer match a business does for it's employee's and vacation time and bonus's I feel I would deserve.
     
  8. Tuzla075

    Tuzla075 Light Load Member

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    Dec 4, 2012
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    Oh jeez again:biggrin_25516:
     
    Last edited: Mar 30, 2015
  9. pete1

    pete1 Heavy Load Member

    I'm on 1099 and I'm pretty much my own boss as a result. I pick my loads, deal with the broker on my own, do my logs legally on my iPad and email them, no extra legal bs,etc..Which is fine with me........
     
  10. stayinback

    stayinback Road Train Member

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    IF, He has an IRA, (Most of these guys dont) Per Diem? Isnt that adjusted accordingly to how many days spent away from home AND what states? (I think Pa,Ny and others give like $80 per day)

    And, If Im not mistaken..This is the Biggie, Wont he get hit with the Self-Employment tax too? The IRS only see's a 1099, Therefore they assume he is responsible for that tax too

    And the $400 penalty for not having health insurance.


    I know,I know This Sucks... Making $39,000 will alot him to owe a bit more than $1,500


    last Year (2013 tax year) I Netted $43,000 After everything, I owed over $10,000 in Taxes, Go Figure Maybe my Tax lady did me wrong huh.

    Last Year, I
     
  11. Ridgeline

    Ridgeline Road Train Member

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    Using state per diem pay for DOT related activities seems to be a bit on the wild side, I was told this by two people, one is my old accountant (who was an EA) and the auditor. They both said to take the standard per diem because if the IRS starts to take a look at your logs, they will find things about how long you were actually out for and take some days away just for the aggravation.
     
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