Do most trucking jobs allow you to work using an LLC?

Discussion in 'Questions From New Drivers' started by JamesJeffries, Jan 28, 2024.

  1. JamesJeffries

    JamesJeffries Bobtail Member

    1
    0
    Jan 28, 2024
    0
    I recently got a trucking license in California.

    I also have an LLC that I've established in California before getting the license.

    I usually prefer working through my LLC and billing people using my business name (1099), instead of being paid directly via W2.

    Do most trucking jobs/companies these days allow you to be paid via 1099 to your own LLC, or do they require that they pay you W2?

    I'm referring to getting paid to my LLC as a company driver (not as an owner operator or owner of a truck).

    I know owner operators are able to use an LLC as they own the truck.

    However, I don't own a truck. I want to be a company driver, while at the same time I want to get paid to my LLC.

    Would most trucking jobs in the industry today allow this?

    The reason I prefer to work through my LLC instead of being paid directly to my own name is because my CPA helps me a lot with deductions, and I prefer working this way.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. bryan21384

    bryan21384 Road Train Member

    14,908
    32,330
    Sep 18, 2009
    Memphis, TN
    0
    If you're a company driver, most likely you're gonna get on a W-2. Now some companies have the 1099 route, but call them company drivers. They are misclassified. Some of those companies have their drivers get an LLC to cover up the misclassification.

    Now if you're W-2 employee, but trying to get paid through an LLC so you can get tax deductions, you potentially can open up yourself to some problems. Your CPA may know all the deductions but you'll need records of all that. Even if you're a "1099 company driver," you still can potentially create problems. A company paying on a W-2, clearly a reputable company, is not about to subject themselves to what appears to be illegal activity.
     
    Peplow, wis bang, JB7 and 1 other person Thank this.
  4. Frank Speak

    Frank Speak Road Train Member

    4,520
    13,825
    May 3, 2016
    0
    The Chicago based companies will be thrilled to honor your request. In fact, they’ll insist on it.
     
  5. JB7

    JB7 Heavy Load Member

    792
    1,219
    Dec 13, 2022
    Laurel, MD
    0
    What deductions do you think you or your CPA can legally claim when you don't own/lease the truck? Certainly not fuel, repairs, insurance....And as a 1099 contractor you can't claim unemployment or workers' compensation.
    FICA is 7.65% of W-2 gross wages for both the employer (ER) and employee (EE). So if a driver were grossing say 80k per year as an EE then FICA paid by the EE would be $6,120 (80,000 x .0765). As 1099, worker pays both the ER and EE side, double or $12,240. Congratulations, you just paid over 6k more and for what ??? To get some deductions (not credits). You would need a bit over 27k in deductions to recover the extra 6k paid under 1099 even IF the deductions were legal.
     
    wis bang, brian991219 and tscottme Thank this.
  6. Ex-Trucker Alex

    Ex-Trucker Alex Road Train Member

    1,405
    2,396
    Jan 7, 2023
    0
    Only an absolute moron would ASK to become a 1099 driver....
     
    brian991219 Thanks this.
  7. Speedy356

    Speedy356 Medium Load Member

    426
    2,548
    Oct 13, 2021
    0
    You beat me to it!
    If he would move to the Chicagoland area, he could change jobs weekly and never run out of 1099 jobs in his lifetime!
     
    Frank Speak Thanks this.
  8. Judge

    Judge Road Train Member

    13,299
    87,772
    Mar 19, 2014
    Arkansas
    0
    Be a lease op.
    That’s what i’m reading into what you’re wanting.
    But you just got cdl.
    Maybe schneider will but being CA maybe a red flag.
    They’ll probably make you be company driver at least 6 months, which you need a lot more experience that that to be a business owner in trucking.

     
    Speedy356 Thanks this.
  9. Long FLD

    Long FLD Road Train Member

    11,895
    48,853
    Mar 4, 2015
    0
    There’s another guy that disappeared from YouTube and social media when the record high rates went away.
     
  10. Peplow

    Peplow Light Load Member

    80
    149
    Mar 28, 2010
    Ontario
    0
    Humor me, name three things you'll be able to right off as a LLC that you can't currently do as a W2 driver.


    Pete
     
  11. Blu_Ogre

    Blu_Ogre Road Train Member

    8,228
    48,585
    Jul 14, 2013
    Out west
    0
    Since the OP has an established LLC they may have deductions for real estate loans and other expense under the LLC rather than personal name.

    Popular LLC deduction is cost of a room or some square footage as an "Office".

    I paid my wife (we are not legally married) a monthly salary which brought down the combined tax bill. That game dropped me down a tax bracket and she paid the taxes on that income at a lower rate. Also increased her reported income and therefore increased her future Social Security check. Also gave her a steady source of income so she could build credit.

    Assuming they have enough deductions to justify a long form, they could reimburse themselves the tax free Per Diem many drivers lost visibility of a few years back when the standard deduction was increased.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.