Am I a contractor or an employee?

Discussion in 'Trucker Taxes and Truck Financing' started by reefertank, Mar 14, 2018.

  1. reefertank

    reefertank Light Load Member

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    Eastern Oregon
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    Nothing was in my name, other than the checks that were written out to me by my "dispatcher", aka old boss. The truck and trailer loan, insurance, registration, fees, his business checking account which handled the money I earned, etc., were all under his company name. Plan was to work indefinitely with him, no agreed timeframe. I paid him "dispatcher fees". I' talked to a tax consultant and initially she agreed that I was treated like an employee. Their was absolutely no difference doing what I was doing as an employee to working as a "contractor". He still managed all the finances, even though he probably withheld no money once he paid off all his bills. I have no lease agreement, just a signed agreement stating I will take possession of the truck after X amount of payments. -- One argument on his behalf I can see troubling is a piece of paper i signed which could have stated I was going to work as a contractor for him, and I'll be paying dispatch fees for his services? I am so confused. -- The IRS argues a contract can be voided if enough evidence shows I was in fact an treated as an employee and not a contractor. -- But again, the potential loophole is him taking % of my total and paying himself dispatch fees. I don't remember filling out any forms.. It was a quick transition with 1 piece of paper with 1 signature on it.

    I did not fill
     
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  3. reefertank

    reefertank Light Load Member

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    Jan 22, 2015
    Eastern Oregon
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    ...
     
    Last edited: Mar 14, 2018
  4. magoo68

    magoo68 Road Train Member

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    I dislike 1099 contracts but what’s with everyone who THOUGHT that they could get rich now deciding they are employees and wanting the other party to cover the taxes and stuff they should of deducted themselves.. learn to READ contracts and quit being pansies
     
  5. reefertank

    reefertank Light Load Member

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    Jan 22, 2015
    Eastern Oregon
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    Don't be a douche. I want to pay taxes, but I want to be able to deduct fuel receipts. If i'm able to deduct those fuel receipts, I'll have enough deductions to cover most of my gross income. But, I have a suspicion my "former" employer deducted those receipts himself, which is ILLEGAL! Unless he decides he 'mistakenly' categorized me as a contractor. I'd gladly pay the difference he would have made himself if I were still an employee.. as I did not make a lot from all the repairs i did to his truck and trailer. Again, everything is in his name. I'm not too worried about the piece of paper i signed after looking into this situation on the IRS website. The IRS will ignore it if I have a good case. I have filled out he SS-8 form and plan to submit it. If he proves he did not deduct my fuel receipts and gives me permission to do so, I'll go ahead and do the taxes.
     
    Last edited: Mar 14, 2018
  6. DUNE-T

    DUNE-T Road Train Member

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    If fuel and repairs were deducted from your paycheck, then you have a legit right to write them off if you can prove those expenses.
    You don't have to care if your employer wrote them off, let IRS deal with it if they need to.
     
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  7. Brandt

    Brandt Road Train Member

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    Sounds like your getting screwed. If your paying for the truck a fuel and repairs and you can work or not work anytime you want your an independent contractor. If the boss is paying for the truck and repairs and fuel and tolls and road taxes and the all the other taxes your an employee.

    Sound like the boss is paying you as contactor to avoid taxes. Just call the State labor board or IRS or Google it.
     
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  8. KB3MMX

    KB3MMX Road Train Member

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    Did you fill up the truck?

    Why don't you have a receipt??

    Who actually paid for the fuel?


    .
     
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  9. x1Heavy

    x1Heavy Road Train Member

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    White County, Arkansas
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    These growing numbers of posts about being unable to know if you are a W2 or a 1099 tells me there might be a potential underground trend in dishonest carriers not paying withholding to Uncle Sam and the state and local tax. If that is the case and there is say... 1000 trucks and drivers involved, it adds up to a hell lot of money each week for the dishonest. Tax time rolls around and Uncle Sam says what's this tripe where is my taxes payme... you the driver are screwed.

    Did I have this correct?
     
  10. RustyBolt

    RustyBolt Road Train Member

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    Ask yourself these 2 questions:

    Do I choose my own loads?
    Can I decide not to work today without being punished?

    If you said no to either or both, you're an employee. Period. As a 1099 subcontractor, YOU are your boss, HE is your customer. He can charge you for finding you loads. But he can't make you take them. Or you're an employee.
     
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  11. reefertank

    reefertank Light Load Member

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    Jan 22, 2015
    Eastern Oregon
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    That is the argument both me and my tax rep is going to make. All payments were/are made legal tender. Everything still came from his business account. But I am not sure if i have proof of this or any other times.

    He's my dispatcher. He usually sends me where he wants and occasionally gives me a choice. This is hard to prove. --- No, I quit because I had a really bad flu and my boss pressured me to get back on the road.. I was so livid as I was a hazard on the road. -- He's also allowed me to refuse loads, both as an employee and contract. I don't know how the IRS is going to do this.
     
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