Tax Dedudctions for a 2nd Seat

Discussion in 'Lease Purchase Trucking Forum' started by Ayn, Oct 29, 2019.

  1. Ayn

    Ayn Bobtail Member

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    Jul 10, 2012
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    Alright, so my partner is wanting to lease his own truck through a company. Which signing a lease is against my better judgement... but whatever, let him do what he wants.
    My question is simple, since I will be on a 1099.. and not leasing the vehicle, what items can I look at claiming on my taxes?
    Is it still the same as per diem or are there additional items I can claim to save myself come tax time?

    Will be getting a professional down the road to handle it, but would help regardless knowing prior.

    Thanks
     
  2. Crazytrucker77

    Crazytrucker77 Medium Load Member

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    Nov 23, 2014
    Hermiston, OR
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    Unless you are the person on the paperwork for the lease you are not a 1099. If your partner is on the lease and you drive his truck one of two things needs to happen. Either you will work as a company employee of the company the truck is leased from. Or he will have to set up a business entity and hire you on. Either of those ways you cannot legally be a 1099 employee and would be required to be a W-2
     
    MysticHZ Thanks this.
  3. Mark E7

    Mark E7 Bobtail Member

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    Friday
    California
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    Are you absolutely sure about that?
     
  4. Crazytrucker77

    Crazytrucker77 Medium Load Member

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    Nov 23, 2014
    Hermiston, OR
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    Legally yes. You would not meet the IRS standards to be an independent contractor aka 1099. That is why so many lease drivers have been winning court battles lately over this very issue. Cali did away with the 1099 a couple months ago. Don't believe me look up the case law. Here is a link to the IRS website that defines a I.C.

    Independent Contractor Defined | Internal Revenue Service
     
    Last edited: Nov 8, 2019 at 9:45 PM
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