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
Am I a contractor or an employee?
Discussion in 'Trucker Taxes and Truck Financing' started by reefertank, Mar 14, 2018.
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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
Roger McG, redoctober83, Justrucking2 and 3 others Thank this. -
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
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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.Justrucking2, double yellow and KB3MMX Thank this. -
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.Tb0n3, Justrucking2 and x1Heavy Thank this. -
Did you fill up the truck?
Why don't you have a receipt??
Who actually paid for the fuel?
.DSK333, Justrucking2 and x1Heavy Thank this. -
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? -
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.TheyCallMeDave and double yellow Thank this. -
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