I was going to say the same thing just a day late! Make sure you put that money away and don't touch it no matter what! If the IRS does have a problem with this if you have the cash sitting there they will probably go after the O/O instead of you(I hope)

 

Are you trying to be funny?

 

If you think it is legal to pay an employee on a 1099 then you are...... Plus there is a reason that O/O is paying on a 1099 and not a W-2. It is saving him money. If it wasn't then he would pay on a W-2 like any other legit business does. Steer clear of all 1099 deals. Most so called companys or O/O that do this kinda of stuff are dead beats anyway.

Gman you think it should be up to the worker to do his own taxes??? Are you for real?? Ever think that alot of people would never pay taxes at all. There is a reason it is a law that employees are paid on a W-2. But i guess it would be hard to haul 1.00 a mile loads when you have to do things by the book.:smokin:

 

Of course workers should do their own taxes, unless they want to pay someone to file them, such as H & R Block. I am sure the IRS would be glad to help you do your taxes if you don't know how. I also think that everyone who works should sit down every week and write a check to the government for their taxes. If they did then we would all likely pay less taxes. When someone else does that for you then you don't realize how much you are really paying in taxes. I do things by the book. I would not know about $1/mile loads. Perhaps you could enlighten us. I don't see how you can do it.

 

Just because someone pays via a 1099 doesn't make them an independent contractor. What matters is how the IRS classifies the worker, and they have rules in place that do just that. Whether an employer chooses to abide by those rules is another matter entirely.

 

There are guidelines as to how a worker may be classified. One carrier or owner operator may not be able to classify a driver as an independent contractor while another may. That is why you cannot simply state that a driver can't be classified as an independent contractor since you are not aware of how the carrier has their business structured or now much control the driver has over his job. It is control over the driver rather than the job classification which decides the classification. There is some latitude with drivers which can allow them to be considered an independent contractor. Someone such as Crete or U.S. Xpress may not be able to classify drivers as independent contractors due to the amount of control the carrier has over the driver and how they do their jobs, if they follow IRS guidelines. As I previously stated, I did speak with the IRS on several occasions concerning this matter and am confident in what I am telling you. I believe that it was Steel Horse Cowboy who stated that he has gone through a couple of IRS audits and not had a problem with classifying drivers as independent contractors. It is all in the way the driver does his job and how much control the carrier has over the driver. In any case, the carrier is not likely to have a problem unless the driver is a freeloader who doesn't pay his bills and doesn't want to take responsibility for his own taxes. If they agree to work as an independent contractor and then doesn't pay their taxes it should not come back on the carrier. In that case, the contractor should be charged with tax evasion.

 

Please provide a real world example.
What the driver agrees or doesn't agree to do is irrelevant. Not getting caught is not proof of legality.

 

Do you really not understand the difference or are you just wanting to jerk my chain?

 

Well Im not really encouraged, due to the fact that everyone I talk to says the same thing. Sir your record is great, your dac is clean, no dui or drug/alcohol issues, and your previous employer said if they weren't closing the doors they couldn't ask for a better employee...ect. BUT we require 6 month OTR in the past 36 months.

So let me understand, I had 3 years continuous employment with the same employer that raves about me, and thats a bad thing?

 

You may see if you can find a smaller carrier who would be willing to help you get started. If you have had at least 1 year of driving in the last 3 years you may find a smaller carrier who will give you an opportunity. Insurance companies dictate who most of us can hire. My insurance company requires that any new recruit have a minimum of 2 years experience in the last 3 years. Carriers and insurance companies vary in their requirements. Insurance companies mostly look at how long you have had your CDL. As long as you have a clean MVR and can demonstrate a minimum amount of driving experience you should be able to find a carrier who will give you a job. It may involve making a lot of calls. You may also need to find a carrier who will put you with a trainer for a few weeks. I know that you have had 3 years experience, but it isn't OTR nor is it recent. Some carriers will only consider OTR as driving experience. You may want to give CRST Malone a call if you want to stay with flats. They may be able to put you with an owner operators. I believe that they only require 6 months experience in the last 3 years. You might check the company listings on this forum. It lists many of the larger carriers and their minimum hiring requirements. If there is a truck stop near you I would suggest that you check the ads and make some calls. Some of the trucking forums have applications that you can fill out and they will automatically match you with carriers who are looking for people with your qualifications. I believe there is such an application on this website. This is usually not the best time of year to look for a driving job, but companies are still hiring. It is simply a numbers game. The more carriers you contact the closer you are to finding a job.