Just gonna toss my two cents into the mix... I think you're walking a very fine line. If you take these deductions, while you might get away with it, you are still filing a false tax return. You might also raise some red flags if you file these deductions without all the appropriate tax payments like self employment tax and state and federal income tax. You might also raise some red flags by filing for some of the deductions and not all of them. For example you take a deduction for food, hotels, fuel but nothing for lease payments or depreciation, insurance, etc
I say all of that to say while it really sucks to be in your situation, and even though common sense says you might "deserve" these deduction, legally you do not. You have to decide if it's worth taking the chance of getting caught. There's nothing saying if you get caught, that you'd be in the free and clear and they'd just go after the company, especially when you knowingly and willfully filed a false tax return.
If you want to get more into the weeds, this LINK may offer some help.
What can 1099 truck drivers can deduct?
Discussion in 'Questions From New Drivers' started by rt92, Feb 4, 2020.
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Your logic is good just as @runningman0661 , it's good to make sure people understand going in that there are some crooks out there that will do anything they can to avoid regulatory compliance with Titles 26 USC and Title 29 USC you also have the right to file lawsuits against them too. People are winning fair labor standards act lawsuits all the time. If my memory serves Walmart lost a big FLSA lawsuit several years ago. Something about forcing employees to work through their unpaid breaks or ends of shifts. -
The states are looking to catch miss-classified employees and want to use them to solve current budget issues.
NJ passed the 3 lesser laws that codify onerous fines for employers that miss-classify employees...just not he one that would codify all owner operators as employees...
I just had a call form the Workmen's Comp person at our PEO as he is working on the renewal. He was asking questions to complete the insurance companies questions regarding the new state 'Truckers survey' THEY need to complete as part of the renewal of our comp plan.
They needed a list of the owner operators and copies of certificates of insurance which yielded a 'redacted' copy of a 'typical' certificate.
The PEO guy thought they were playing CYA over the possibility of an owner operator being hurt and trying to claim on my company W/C policy BUT having been on the edge of the fight to keep 'real' owner operators from being 'classified' as employees, I have to be suspicious of the state's intentions.
OP needs to realize that he may get away claiming those expenses but should be very careful doing his state returns...Since Cali started things the list of states looking at Miss-classification of employees is rapidly growing.
Who knows what may, eventually, be levied against the employees who were 'willingly' miss-classified...
Funny part of all this, personally I have seen numerous individuals who WERE miss-classifying drivers as 1099 BUT all of the ones knew I knew have all retired out...
I do remember one 1099 driver quitting because 'after 15 years the percentage never changed' but not realizing how various price concessions had his boss eating those concessions, and rising operational costs, by keeping the price paid the driver the same dollar amount over time as he was such a good 15 year employee.... -
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A driver can fix this problem though. By the time you are filing it's too late for that tax year, but stop allowing yourself to be taken advantage of this way, by either demanding that carrier clean up its act, or QUIT. Then file those forms linked to in post #21. This will fix your federal adjusted income, show payments of the FICA taxes, and if you are owed any money by the carrier you can file a lawsuit. Then hopefully the state will allow you to also legally file with them. Best though to go get professional tax help as you go through all this.wis bang Thanks this. -
I deducted all my fuel purchased "some contracts they provided fuel". If I had to buy my airline tickets I deducted them. "75% of the time my ticket was given to me". If I had someone 'chase" me I deducted those miles. Hotels. Then my days on the road deductions. As a company driver, I did not deduct much. By the time I applied my standard deduction on my 1040 I was OK. Also in my case going back for years I have ( and still do) get several 1099s a year from interest income.wis bang Thanks this. -
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spyder7723 Thanks this.
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