Hi. My husband just bought a new truck. He is currently leased to Stageline Trucking out of Michigan. We just filed for a LLC with our company name.
1. Should we have gone corporate instead? Seems like most drivers out there are LLC (that we have seen).
2. How do we figure what to pay ourselves? The company just pays my husband right now. The lease is to him & not our company (but we are looking into leasing elsewhere)
Stageline has an escrow account set up for trucking expenses that my husband (Leo) pays into every time he gets paid.
3. We have a tax accountant who seems very knowledgeable. He is going to set us up so we pay taxes quarterly. Is that pretty normal?
Any and all help would be greatly appreciated!
Thanks so much!
Angel
New Owner/Operator with tons of questions...
Discussion in 'Ask An Owner Operator' started by Diamond L Express, Jul 13, 2013.
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I am a LLC. If you have less that like 50 employees than LLC is the best way to go.
I don't know how everyone else does there business, but I pay my self around $250. for each load and everything else goes in the business. Now my other truck gets 50% of what ever the load pays, after the fuel milage is deducted. 300 miles haul / 5 mpg = 60 gallons x $3.75 a gallon = ($225) $500.00 load, driver makes $137.50 -
Wow...well this is the guide I used to figure out whether we should go LLC or INC:
LIMITED LIABILITY COMPANIES
Idaho Code § 30-6-Part 1, et seq.
The Limited Liability Company (LLC) has some of the characteristics of a sole proprietorship, some of a partnership, and some of a corporation. An LLC may, for tax purposes, be disregarded, be taxed like a partnership or taxed like a corporation (Idaho Code 63-3006A).
The LLC has members rather than shareholders. Managers or members may exercise day to day management. The LLC is a business organization that operates under a contract (called an operating agreement) between the owners, much like a general partnership.
In order to have a legal existence, the LLC must file a Certificate of Organization with the Secretary of State. The members are protected from personal liability for the acts of the LLC in much the same manner as corporate shareholders. Unlike limited partnerships, LLC's do not impose personal liability on members for participating in management.
CORPORATIONS
Idaho Code § 30-1-101, et seq.
The corporation is the original structure for providing personal liability protection to the owners of a business. Although a corporation is now easier to organize, it may not be the best entity choice for starting up a business. A corporation must have a board of directors. The board may consist of a single individual. A corporation must also maintain certain books and records and hold annual shareholder meetings. In small, closely held corporations, the documentation of these activities may be more onerous than is warranted.
Unless qualified as an 'S' Corporation pursuant to extensive IRS rules, a corporation is subject to double taxation, i.e.; income is taxed once at the corporate level and then taxed once more when income it is distributed to shareholders as a dividend.
The LLC seemed easier. i.e. no board meetings etc. Corporation seems to fit larger companies. I would imagine we would be MAYBE a 3 truck outfit at best.
The escrow account is mandated per lease agreement.
Thank you for the info. I will pass it along to my husband. -
6wheeler: Thank you for the info. This is more complicated that I had anticipated. Your summary makes it much easier to figure. I will pass this along to my husband.
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I have a LLC, I pay myself the same salary every week, which is part of my fixed cost's. After the fixed cost's, variable cost's, maintenance fund, replacement fund (my truck and trailer are paid for but I still put money away each month for replacement if needed), the oh shoot fund, what ever is left is profit for the business. I leave it all in the business checking account then at the end of the year, I write my self a nice bonus check for being such a good manager all year.
Charli Girl Thanks this. -
OK, so that's what you used to base your decision off of.
But WHY? and for what purpose? Is it truly your intention to expand and maintain additional drivers as employees?
As the sole member and employee, even a 2nd year law student would wipe his nose with your articles of incorporation. You have put yourself into a more complex position than you needed to be really.
(Yes, I organized as an IND O/O as a sole proprietor. I have no need for an LLC or S-Corp or C-Corp or any time of incorporation.)
http://www.sos.idaho.gov/corp/typecorp.htmRickG Thanks this. -
You are right an LLC is not really beneficial to an O/O that is the sole driver. Some think it protects their assets but it doesn't. In a civil suit they could be found negligent as the driver.
My question is why someone with a competent accountant would bring tax questions here. -
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between this and another topic I was in this weekend, I think I came across a little too harsh....
This is all that came to mind because of it.....
Last edited by a moderator: May 9, 2015
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