Simple question about setting up LLC while employed as a company driver

Discussion in 'Ask An Owner Operator' started by TruckRunner, Oct 3, 2018.

  1. TruckRunner

    TruckRunner Heavy Load Member

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    Since it will take time to get my LLC and truck and plates, tags, etc., is it OK to get all of this done while I am still a company driver? Or will the tax authority consider me to report like a business the day my LLC goes into effect? I'm wondering if I can get most of it done while I am a company driver but not sure if IRS or some other authority requires that I am not working anywhere else once my business is setup but not earning income yet. Once I'm done setting up my business I plan to put in my two week notice to quit my company job.
     
    Last edited: Oct 3, 2018
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  3. AlexanderK

    AlexanderK Light Load Member

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    No one requires not to work anywhere while you own a company. And even you open llc you don't have to do file taxes on llc until you start getting income through it. So go ahead and open it if you wish.
     
    TruckRunner Thanks this.
  4. TruckRunner

    TruckRunner Heavy Load Member

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    Yeah I never had an LLC but owned a business in the past which required a business license and they always sent me bs forms to fill out which is why I ask.
     
  5. Ridgeline

    Ridgeline Road Train Member

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    Why are you going to get an LLC?
     
  6. TruckRunner

    TruckRunner Heavy Load Member

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    I will reply for limited liability and you will reply that your personal assets are not protected in a lawsuit?
     
    Midnightrider909 Thanks this.
  7. roadslave201

    roadslave201 Bobtail Member

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    I went LLC after speaking with CPA and several other so called experts. In my state it cost me $50.00 to do the LLC myself. I considered just going sole proprietor since the LLC offers no protection since i am the owner and the driver but i am taking advice from people that i hope are smarter than me. I do not really see any added issue or extra tax work with going LLC .
     
    Last edited: Oct 3, 2018
  8. TruckRunner

    TruckRunner Heavy Load Member

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    I always heard the reason for the an LLC is to protect your personal assets beyond what insurance covers in the event you are sued. So if I make a mistake and someone is seriously injured, or in today's world where lawyers run everything, even if I didn't do anything wrong but still lose a lawsuit, they could take the truck and business assets but my personal home, car, and other personal belongings are mine and off limits. The LLC is treated like it's own person and gets sued not me. Kinda like how recently you heard Elon Musk got sued. Tesla got sued 20 million and Elon had to get sued for 20 million. Since Tesla is owned by stockholders he didn't have to pay the full 40 million but that is a more complex situation since it was the SEC and not just a regular bob that sued him.
     
    Last edited: Oct 3, 2018
  9. AlexanderK

    AlexanderK Light Load Member

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    In case of accident LLC will be sued as company and you will be sued individually as driver. So you are risking your personal assets either way.

    In case of accident while you have different driver (not yourself) LLC will be sued as company and that driver will be sued individually.
     
  10. Ridgeline

    Ridgeline Road Train Member

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    Right.

    Unless there is proven negligence. When an owner is negligence in their obligation to maintain safety, then they are open as an owner of the company.

    Example a pattern of falsified logs to allow the driver to drive longer than HOS allows.
     
  11. TruckRunner

    TruckRunner Heavy Load Member

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    Can anyone confirm this since I don't think that is correct. I learned a lot about LLCs regarding apartment investing and the personal assets are off limits but not sure if that is the case with trucking.
     
    pullem Thanks this.
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