Paying a driver on a 1099

NOT TRUE the IRS told me if i supply all the tools truck trailer straps binders i do all the repairs pay for fuel basically if i supply everything for a person to do the job they are not a contractor they are considered a employee

 

If it had been legal, then nothing would have been done.

 

You always throw out these opinions on this subject but never have any links to IRS decisions to back you up.

 

I don't see how I would need to have an IRS link for my opinion. I post based upon my personal experience as well as others whom I have known and spoken with over the years. I am not sure what you are referring to about IRS decisions.

 

You clearly state that it is not illegal. At no time in that comment did you indicate that it was your opinion. The comment is not supported by a fact but clearly misleading.

It leads people to believe you have vast knowledge and experience on the subject, when, if you put the comment, "In my opinion", in front of it, would certainly lead to other conclusions.

Others have provided FACTS, not Opinions.

 

Neither you or anyone else has proven that paying on a 1099 is illegal. You have posted things which does not support your OPINION that it is illegal. I have met with the IRS over the years while being paid on a 1099. I have yet to be fined, charged with a crime or arrested. Had it been illegal, there would be criminal prosecution. But, I have also always paid my taxes. If anyone has had a problem being paid on a 1099, it is not due to them being paid under a 1099. It was due to them failing to file or pay their taxes. In actuality, it has been you who have been misleading others about it being illegal to pay or be paid under a 1099. It simply is NOT true. You have yet to show any criminal penalties where it is illegal to pay or receive payment under a 1099.

 

I have posted the facts and links to support the claim..

There have been many posts showing the action as illegal.

I have no doubt that you may or may not ever have been audited or even that you claim it to be the same.

I have posted the rules and you cannot dispute the links.

Speeding and false logs are illegal, but I bet you still do them as well.

If you say I am misleading others on the issue, support the link that proves me incorrect. Besides, look at some of the other posters who have had the experiences.

If a person on 1099 files as independent contractor and not providing equipment, they are filing a false return. As an Enrolled Agent to Practice Before the IRS, I would have no choice but to advise them of the incorrect status and the problem of filing such a return. I would prepare a statement to be attached to the return which would draw the IRS to the return. It is required by the Ethics of my profession.

I have shown where people get fines. Look at the other posts.

If it is not true, by all means show me the facts not your opinion.

YOU STILL HAVE NOT SHOWN ANY PROOF OR LINK TO SUPPORT THIS AS LEGAL.

 

So, here we go again.


Your opinion or law?

You say I am misleading, but provide nothing to support the claim.

Look at BayouHotshot and the others on this very thread.

Maybe you could become their taxpreparer and attorney.


Here is an item concerning FEDEX and the IRS on the misclassification of employees as contractors.

http://www.reuters.com/article/2007/12/22/us-fedex-irs-idUSN2129616020071222

 

If you supply the work, tell them where to pick up and drop off, and supply the truck they are an employee, PERIOD. They can not LEGALY be paid on a 1099, PERIOD. The IRS is quite clear on this, now if you are brokering loads to OO's that is a different thing entirely.

 

As a 1099 employee, you as the employee do not have the benefit of being covered by workmans comp insurance, and you being the employer since the employee is not covered by workmans comp insurance, can be sued for the cost of an injuriy if the employee gets injured on the job. As an employer, your are liable for 1/2 of the ss and medicare costs on payroll, and also state and fed unemployment insurance coverage. aNY EMPLOYEE WHO WOULD WORK FOR ME IN A SCARIO LIKE THAT IS NOT SMART ENOUGH TO BE EMPLOYED BY ME. sorry the caps stuck....