Back to the same old 1099 Vs. W-2 discussion.

Discussion in 'Trucker Taxes and Truck Financing' started by Guntoter, Dec 4, 2013.

  1. indspirit

    indspirit Light Load Member

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    Guntoter is correct most drivers being paid on 1099 are not IC. I was just answering his question of how to save money for taxes if he did take the job. I have filled out the form and my drivers are paid on 1099 legally according to the IRS. It can be done.
     
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  3. Guntoter

    Guntoter Road Train Member

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    As long as you have a form SS-8 with their approval then you are golden in an audit. If they gave you the ok to 1099 drivers, you must be doing something completely different than most regular OTR companies who have people drive company owned trucks. I was audited in 2008 (for TY 2006) and asked the agent if it would be ok and he said he has never seen a regular trucking company get approval to do it. A year later I sent in an SS-8 and was denied.
     
  4. fld

    fld Medium Load Member

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    For a 1099, you must pay self employment tax. The actual tax that you should set aside is one third of your income, not one fourth. I knew guys that have done this, and they said it ended up being about a third.

    Self employment tax is based on being an enterprise that has income and expenses. The problem for you is that you have no expenses to deduct.

    Unless you are getting paid WELL BEYOND what you would make as an employee, it is only a good deal for the employer. They save a ton of money and you pay more in taxes.
     
  5. indspirit

    indspirit Light Load Member

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    It basically comes down to they actually own part of the truck and are making payments on it to own it out right.
     
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  6. GITRDUN45

    GITRDUN45 Heavy Load Member

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    So this is their truck, fuel everything. I just was offered and paid 1099. You saying I can't claim living expenses etc..... being on a 1099 Driver??
     
  7. Guntoter

    Guntoter Road Train Member

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    NO, I'm saying that if they (the guy you work for) own the truck, they buy the fuel, they find the work, they have the contracts, they pay for maintenance… You WILL BE TOLD BY IRS that you can NOT be an Independent Contractor and get a 1099. You are in fact an employee, and they must pay payroll tax, social security, withhold a portion of your income for your portion of income tax, and they are responsible for your workman's comp. You must receive a W-2.

    Please do not believe me or anyone else on the internet. Ask the people who levy the fines, ask the IRS. You can easily find an SS-8 form on the IRS website. Fill it out honestly and send it to them. If I am wrong, please post your approval letter on here, I would love to see one person be approved ( I have never heard of it happening). If I am correct, I may be saving you and your employer years of stress and financial hardship. Contrary to what a few people have insinuated on this forum YOU are indeed partially liable for what the IRS considers fraud by filing as an IC. Your first offense will typically not be treated as criminal as long as you agree to pay back taxes, fines, and interest on the debt. It usually ends up being way more than just paying the taxes in the first place, but more importantly than the money is the stress that they will put you through for years, it causes divorce, and suicide all too often.

    I speak from experience when talking about the stress caused by IRS. We all want to believe that we are the one guy who can outsmart them or just fly under their radar, trust me, you and I are no match for people who are on the clock and do not care about our personal problems.

    Good luck and again let me stress, do not take my word for it, do not take the word of others who have "gotten away with it"… Do your own research… Its easy.
     
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  8. Roadmedic

    Roadmedic Road Train Member

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    I notice that when they get down to the wire on the legality and one side provides links and the other does not offer anything other than opinions and they are being disproved, it always leads to closed threads.
     
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  9. GITRDUN45

    GITRDUN45 Heavy Load Member

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    I totally believe ya. All I know is what the guy said. Says he has 53 trucks running. I work for them as a 1099 and they take out 130 for work comp a month. Now if this might get me into trouble or it's a ripoff then I'll stay away. I was actually just asking cause Pay is interesting. Really NOT leaning that way but was curious offer presented. Thanks so much for your info.
     
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  10. Roadmedic

    Roadmedic Road Train Member

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    Yes, that is true.

    If you are not really self employed, you have no expenses to write off. Taking such expenses is like filing a false return or in trucker jargon, a false log.

    You are told what to drive, they pay for the fuel, tell you where to pick up, set the rate, how to drive, when to deliver, check in and so forth. Just how is this really different from an employee?
     
  11. GITRDUN45

    GITRDUN45 Heavy Load Member

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    Exactly i agree. Just wondering what/where the catches were. Was briefly interested. NO LONGER tho. Thanks all for info. Stay safe and Happy Holidays.
     
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