Year end trouble.

Discussion in 'Trucker Legal Advice' started by agwosdz, Jan 6, 2012.

  1. agwosdz

    agwosdz Bobtail Member

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    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
     
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  3. mgfg

    mgfg Road Train Member

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    Aren't these questions that they should be asking a qualified CPA?
     
  4. agwosdz

    agwosdz Bobtail Member

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    Sep 22, 2011
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    I am sure they should, but they have been keeping their own records, and are trying to get through this without a CPA.I already suggested that route, but they wanted to see what I can find out...

    Thanks

    Alex
     
  5. mgfg

    mgfg Road Train Member

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    So they want professional accounting/legal advice from a trucking forum...interesting thoughts.
     
  6. dancnoone

    dancnoone "Village Idiot"

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    Here's what you found out...... notta.

    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.
  7. agwosdz

    agwosdz Bobtail Member

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    Sep 22, 2011
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    Never mind. I thought I might find some help here, besides the answers I already know. Maybe some personal experiences from the past? I guess I was wrong...

    Thanks for taking your time - if any - to provide these very helpful comments.


    Alex
     
  8. CondoCruiser

    CondoCruiser The Legend

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    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?
     
  9. texan007

    texan007 Medium Load Member

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    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
     
  10. 123456

    123456 Road Train Member

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  11. ac120

    ac120 Road Train Member

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    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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