I would like to know if it is legal to 1099 a company driver. A friend and I are having a debate. He says that company drivers can be treated as an independent contractor and I say that, he does not own the equipment and therefore he cannot be 1099'd.
Independent contractors must own their own equipment is my understanding. He says that is wrong.
Which one of us is correct?
1099?
Discussion in 'Trucker Legal Advice' started by New York Gal, Mar 21, 2010.
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A 1099 has nothing to do with owning your own equipment. If you recieve mony from someone who doesnt with hold taxes, you get a 1099 for that money they paid you. Incidently, IRS is hot on this and is coming down on FEDEX rather hard. IRS is saying that, if you only work for one company, you are not a independent contractor, whether you own the equipment or not.
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State and Federal agencies are currently pushing to end unqualified independent contractor situations in all industries, not only trucking. Tax collection is the incentive, and the IRS is pointing out the violators.
I know of drivers on company equipment who are paid as independents. It is a clear violation because of the control the company has on their activities.Tb0n3 Thanks this. -
It goes to if you are an independent contractor, then you own your business, your equipment and no one tells you how to do your job. If you work for one person only, then you are not "independent".
It is loophole that allows companies to get out of paying taxes and putting the burden totally on a driver. I think that when you look at the "20 questions" that the IRS looks to for determining if a person is truely "independent or not, a Company Driver is not an Independent Contractor.Tb0n3 Thanks this. -
Thats true but a company driver can recieve a 1099. I know I did one year
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Big ole lawsuit going on right now over this. And I think it is going to pass that 1099ing most drivers is illegal.
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Technically it was and still is not legal to pay a company driver by 1099.
He is not a business with assets at risk, nor have choice of loads.Tb0n3 Thanks this. -
I agree RoadMedic, It states in the laws that I have read, it is not legal to 1099 a company driver. Just wanted to check things out here to be sure. I know that people do it, however, if they are audited they could be in trouble for "misclassifying" and be liable for all back taxes.
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It does not only happen in trucking.
I have seen it in pest control, taxis, and office work. -
By 1099'ing companies don't pay unemployment, social security, insurance or any taxes and yet don't pay you enough to either! It's a gimmick the industry can make more money and not put out. Yet you get nothing!
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