Maintenance/repair deduction question. Please Help!

Discussion in 'Trucker Taxes and Truck Financing' started by jwjethro, Feb 3, 2013.

  1. jwjethro

    jwjethro Bobtail Member

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    I worked as a lease purchase operator for the first time last year for 8 months (the company was screwing me over so I terminated the lease). I received a 1099MISC stating the GROSS amount paid to the truck before expenses. This made me self employed in the eyes of the IRS requiring me to use schedule C and SE forms with the 1040. I've never had to file this way. My question is this: The company took money for a maintenance account from my settlement for each load. This money was not given back to me when I terminated the lease. Can I claim the $4001.20 that was taken out of my settlements for the maintenance account on my taxes in the maintenance/repair section because it was money I paid out but did not get back? Or can I only claim the maintenance/repairs I have receipts for? The company kept this money and I never saw it so I would think they are responsible for paying the taxes on it given it was an expense to me & a profit for them. But I need to know for certain before I claim it. Tried asking this of the "expert" from turbo tax software I'm using & they have no clue. She tried telling me 1099MISC only state the net amount paid out to a person from the company. I've never seen a tax form that stated the net amount paid to someone, as far as I know tax forms only state gross amounts and any taxes withheld if applicable! Please help!
    :biggrin_25524:
     
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  3. wonderdog24

    wonderdog24 Medium Load Member

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    It should be some sort of Business Loss... maybe even could be part of your lease payment which is fully deductible....
     
    jwjethro Thanks this.
  4. critters

    critters <b>Late For Dinner</b>

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    should be any money paid out by you i think including maintance fee's with lease programs are dedcutale, this type of stuff is why i use H&R Block the one I go to is from a trucking family so they know a bit more about what you can claim. it does cost me more this way,but i dont miss anything.
     
    bullhaulerswife Thanks this.
  5. ladywrongway03

    ladywrongway03 Heavy Load Member

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    not all h and r block people know truck taxes.you should make some calls to a certified public acct.they usually will answer your questions for free
     
    BoyWander Thanks this.
  6. MNdriver

    MNdriver Road Train Member

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    Not all CPA's do either. My wife works for one and he isn't up on what I need to have done. A former boss of mine does taxes and he doesn't do enough trucker taxes to want to help out either.

    You need to find a tax preparer that specializes in carriers tax prep.
     
  7. jwjethro

    jwjethro Bobtail Member

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    I think we are going to try to find someone to do them for us this year. It stinks, though, because this is the only issue I had doing them...so if I knew for certain the answer to this question then I wouldn't have to pay ridiculous prices for someone else to do them.:biggrin_25513:
     
  8. mcgoo422000

    mcgoo422000 Medium Load Member

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    All instructions are online at irs.gov deduct your maintance and any other truck expense you have receipts for anything you may have lost receipts, deduct daily per diem and any other expense you think you can claim. Just keep it within reason maybe you'll come out owing nothing.
     
  9. WV_Daddys_Girl

    WV_Daddys_Girl <b>Crusty Ole' Wifey</b>

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    I'm trying to figure out what your employer did here (please bear with me)...

    I understand that you received a 1099-MISC showing your gross earnings via lease purchase operator and that you had paycheck deductions totaling $4001.20 for a maintenance account that was supposed to go towards the truck you were lease-purchasing, correct? Was this $4001.20 deduction the only expense on the form? (Example: 1099-MISC Form shows Total Gross: $20,000.00; Deductions/Other: $4001.20; Adjusted Gross: $15,998.80). Were these deductions spelled out in your lease-purchase agreement that you signed? What exactly were the terms of said "maintenance account"? Did it say that you would authorize the employer to make deductions from your paycheck that would go into an account that would cover maintenance/repairs of the truck you were leasing? What did it say if the lease-purchase agreement was terminated, how would the remaining funds that were deducted from your pay be handled? Would this money be forfeited for breaking said lease? Refunded back to you?

    Now, as for the expenses that you incurred & paid for that you have receipts in hand, those WOULD fall under business expense (what category depends on what they are - fuel, parts, service, repair, etc.).

    Finally, here's the link at IRS for Trucking Tax Center - it includes the forms you should file and the corresponding publications with instructions & examples:
    http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Trucking-Tax-Center

    I hope this helps you out some...
     
  10. jwjethro

    jwjethro Bobtail Member

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    They didn't list any expenses on the 1099MISC only the gross amount paid to the truck. I have all of the settlement statements showing the things they deducted from that money & all my fuel receipts and other such expenses. The settlement statements is where i show the figure of 4001.20 that they deducted for maintenance (roughly 10-12 cents per mile) which they held in an account & never returned to me when I ended the lease.
     
  11. WV_Daddys_Girl

    WV_Daddys_Girl <b>Crusty Ole' Wifey</b>

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    Okay, first, you need to find your lease-purchase agreement and locate the terms & conditions regarding how funds deducted from your pay are handled. There should be something in there stating what happens to account balances that you have paid into when an agreement is terminated. Reviewing your agreement should answer your question on whether or not you'll see that money again.

    Second, you need to go through your driver settlement statements and make sure that the gross income on your statements matches what is listed on your 1099-MISC. Be sure to include the deductions the employer took as this is still considered part of your "gross income", however, you will only pay income tax on your ADJUSTED gross income (which is determined by taxes you paid, business deductions & credits, etc.).
     
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