O/O Need Advise on best way

Discussion in 'Ask An Owner Operator' started by stormshy7, Aug 23, 2010.

  1. stormshy7

    stormshy7 Bobtail Member

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    Aug 20, 2010
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    Okay, so my boyfriend has been a company driver for several years. A buddy of his has is own Trucking Company.
    After some discussion, we decided to get a truck, and my boyfriend would lease onto his company and drive.
    So this past weekend, we bought a truck.
    Everything seemed pretty basic, but now, as I start processing everything, I'm starting to stress....so I need some advice.
    I don't know alot about the trucking business, I but I will be helping my boyfriend with his part of the paper work, and making sure we have things in order for his taxes.
    The difficult part comes in, where, I purchased the truck.
    I cashed out some investments I had, and bought his truck this weekend.
    For security sake (my own financial security and his...he is in the middle of a divorce) I would like to keep the truck in my name.

    The plan was, to lease onto his buddy's company, his buddy would provide plates, insurance on the truck, and we would get 75% of every load my bf hauled.
    My bf was just planing on claiming the expenses/income on his own tax return (sole proprietor ).
    After some reading and research online, I'm thinking it might be better to set up an LLC, especially since I would like to keep the truck in my name.
    If we establish and LLC can we still lease on to his buddy's company?
    Tax wise, how does it effect my bf if he doesn't actually own the truck...and how does it effect me? Obviously, the income will be going to support the life we have together, (however the house and such is only in my name also). But since we are not married (and don't plan to be anytime soon); I'm just worried about the tax implications of everything....
    Maybe I'm over analyzing things?
    Has anyone been in a similar situation and offer advice?
    I'm working on getting an appt with a tax/financial professional to discuss our options that will work best for us.
    But thought i would get some input from here first.
     
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  3. REDD

    REDD The Legend

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    I didn't read your whole post... But I read enough to give you perfect advice.


    NEVER DO BUSINESS WITH FRIENDS OR FAMILY.... THE ENDING WILL NOT BE GOOD!
     
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  4. stormshy7

    stormshy7 Bobtail Member

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    Aug 20, 2010
    Indiana
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    I appreciate the advise, and that is generally my rule.
    However, it seems more logical to lease onto his buddy's already established company, than to try and start from scratch. His friend is at the point where he is going to start loosing customers because he can not handle all the loads himself.
    They are very like minded individuals, and his friend, does not want to lease on someone who he does not trust to haul loads and treat his customers the way he would.
     
  5. Lilbit

    Lilbit Road Train Member

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    You can still lease on to the buddy's company with an LLC. Just make the other half an employee, set up the employee file. You can get the necessary forms at FMCSA's website. If you want the link for some of that, send me a PM (you will be able to because I am a Mod).

    He's an employee, so you withhold taxes, etc and pay him as any other employee would get paid. Making him a member of the LLC would not be a good idea until he is divorced. You can always make him a member of the LLC once his divorce is done.
     
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  6. denis3721

    denis3721 Bobtail Member

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    Aug 19, 2010
    Davenport, IA
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    wow 75 percent. My company would give you %90 of all loads
     
  7. stormshy7

    stormshy7 Bobtail Member

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    Aug 20, 2010
    Indiana
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    @Denis3721; The company we are leasing on to is already well estibilshed, and adding us in effort to not loose his already established private customer base, as he can not handle all the loads himself anymore. It is better to expand than say no, I can't haul that for you.
    I do believe you may find ourself a bit strapped if you are leasing people onto your own authority, covering their plates, insurance and what not, and only charging 10%.

    I appriciate your comment, however, My question was not in reguards to place we can make more money, it was about setting this where both my boyfriend, and myself are protected, along with our assets. I own the truck. I also own my own home, free and clear, and have a decent amount in investments. I would like to make sure my assets, while still tied to the truck because I own it, are protected in case something should happen.

    @Lilbit If you could send me the link, it would be greatly appriciated!
     
  8. nutcase

    nutcase Light Load Member

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    May 2, 2010
    Meridian, ID
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    I think the simplest way to do this is to lease the truck to your boyfriend and let him contract to his friends company. You don't need an employee and all the costs that come with that.

    To really protect your interest get a security deposit, add on for physical damage insurance and a mileage charge for maintenance. And set this all up so that the money is taken out of his settlement and paid directly to you.

    Just like a flease. The only difference is in this situation you're the one who's likely to fleased.

    In addition you could form an LLC to protect you and your other assets in case there is an accident involving the truck. At the very least have a general liability policy to protect you.

    Go see an attorney and an accountant for advice on the best approach. They may advise against this little adventure but it sounds like you've already committed to it.

    And if the BF or his carrier friend have any problems with the terms, sell the truck and #*$%can the BF.
     
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  9. Krooser

    Krooser Road Train Member

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    If you are sued your assets will be in jeopardy...LLC, subchapter S or a regular corporation. Unless you are just one of many stockholders you are, for all intents and purposes, a sole proprietor if a judgement is levied against you by a court. They can get your $$$.

    That's how an attorney presented my options to me... I'm a sole proprietor.
     
  10. fr0sty

    fr0sty Light Load Member

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    May 16, 2010
    Melbourne, Victoria
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    technically all the pay that your truck gets, is yours, you pay your BF for driving the truck...
    So you are now the proud owner of a truck, and you have one employee under you...

    Thats how I see it; all costs from fuel to servicing are under the companies(your) business tax-deductions.
    ---
    Oh, you will also have to hold of a percentage of his pay for the tax man, that he can claim back each year..
     
  11. Krooser

    Krooser Road Train Member

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    Pay your driver as an independent contractor... but you can't dictate to him when he works and what he does while he's working (then he's an employee)...
     
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