Hey guys,
I hope that someone can help me
We own a family business (sole proprietor) and the situation is as follows.
The business is established and owned by my Mother-in-Law.
She owns the truck and her partner is driving for her. However, she failed to establish a professional business relationship with the driver, i.e. how to distribute funds. Also, they are not married by law, but are registered at the same address and spiritually married (not at the courthouse).
Now the tax season has come and she asked me for help. I see several possibilities.
1. Is is possible to just report the earnings without taking the driver into the equation, i.e. she is liable for the taxes...
2. Is is easier to just file the paperwork to make him an official employee, and would that be possible with the IRS. What forms do I need?
3. Can he act as independent contractor?
I appreciate any help I can get
Thanks
Alex
Year end trouble.
Discussion in 'Trucker Legal Advice' started by agwosdz, Jan 6, 2012.
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Aren't these questions that they should be asking a qualified CPA?
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Thanks
Alex -
So they want professional accounting/legal advice from a trucking forum...interesting thoughts.
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I would even go as far as to say, this is going to be an expensive lesson for them....this year. So much so, there may not be a next year.mgfg Thanks this. -
Thanks for taking your time - if any - to provide these very helpful comments.
Alex -
I would 1099 him and then get him set up as an employee for 2012.
You have to give the business a better structure and seperate business and personal income and expenses.
Is this just a truck and driver or something bigger? -
Call ATBS they do my taxes. Mine were all in bad shape the first yr. as i knew nothing about trucking. It was the best decision I've made in trucking. Just google the numb
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???????
http://www.atbs.org/ -
No disrespect here, Alex, but here's what you/they/she need to do:
1) Call the IRS and ask your questions. This won't cost anything.
2) Find an accountant who understands the trucking business and ask your questions. This will cost $$, but you/they/she can write it off. Clearly, you/they/she don't understand what you/they/she are doing (again, no disrespect). You/they/she have painted yourselves/themselves into a corner and you'll/they'll need professional help getting out.
3) Learn what is involved in running a business -- it's easier than winging it. Are you/they/she even keeping records?
Do you/they/she have a TIN, all required licenses and permits, and all required insurance policies?
If she's paying him then we're talking W2 or 1099 and he has reportable income. Their living arrangement has nothing to do with it.
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