Need Advice - New dump truck company

Discussion in 'Ask An Owner Operator' started by New2Trucking2018, Jan 22, 2018.

  1. New2Trucking2018

    New2Trucking2018 Bobtail Member

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    Jan 22, 2018
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    Hello All,
    One of our close relatives has a dump truck business and planning to open a business ourselves and get 1 truck for now. We'll sub the truck to him and he'll get the driver and take care of the truck. I guess we'll get 1099 at the end of the year.

    I was researching on what kind of company to open, S or C Corp vs LLC and very confused. With the new tax law, things are more interesting as C Corp is now competitive with other entities with 20% corporate tax. With "pass-through" entities like LLC there seems to be 20% deduction on the income. I would appreciate with somebody has researched on the new tax law and can clarify things better.

    Also, need to consider that we both have a full time jobs and the income from this business might bump us into the higher tax bracket. We are in CA.

    Thanks and appreciate all the information/help you can provide.
     
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  3. ZVar

    ZVar Road Train Member

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    What makes you think you will have any chance of doing anything other than going into debt? People who do this full time don't succeed, doing it part time I can never see working....
    Either commit fully or drop the idea before you go in debt.
     
  4. Ezrider_48501

    Ezrider_48501 Road Train Member

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    hope you know how to turn a wrench.
     
    wore out and QuietStorm Thank this.
  5. WHY NOT

    WHY NOT Light Load Member

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    Before you are so quick to jump down the guy's throat, it sounds like he will buy the truck lease it so a company that already has a driver for it. So there might be some upside to it, but I doubt much. Doesn't sound like he will be the one running the truck. OP, sorry I don't have the answer to your question.
     
  6. Ridgeline

    Ridgeline Road Train Member

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    No you won't get a 1099.

    What does it mean 'sub'?

    To be legal you have to lease the truck to the relatives company, and charge accordingly.

    You have to abide by the laws of the state for the lease so your first stop needs to be with a lawyer who knows what needs to be done.

    You will have to base the amount on the base lease charge and the amount of usage.

    I don't know what people think, the costs of running a truck and maintain it is not cheap.
     
  7. Ezrider_48501

    Ezrider_48501 Road Train Member

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    in gravel trucking, many times company will sub contract other independent company to haul for them.

    the company can be there own independant company (not leased) its more like a brokerage arrangement, but its under a subcontract agreement.
     
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  8. New2Trucking2018

    New2Trucking2018 Bobtail Member

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    Jan 22, 2018
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    Thanks for your replies. Let me clarify few things. Lets call my relative ‘Bob’.
    So Bob already has a dump truck business with great connections. He always have more work so he gets trucks from other trucking companies and he gets 8% of the money the other trucks make.
    Bob suggested that I can start my own trucking business and he can find driver and manage the truck, maintenance, fuel, etc. Instead of giving business to other trucking companies we can keep the business in the family.
    I will be buying the truck and get it financed. I won't be leasing the truck to Bob but will be paid on per load basis after Bob's cut of 8%. I guess I'll operate as owner operator but will be hiring the driver to drive the truck.

    Now, back to my original question, any suggestion on which type of entity will be best with the new 2018 tax law? Corporation or LLC? Thanks.
     
  9. Ridgeline

    Ridgeline Road Train Member

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    If he provides the driver, he is leasing the truck from you. If you are providing the driver, you are leasing the driver and truck to him.

    This is an esblished practice of how it works legally.

    If you do peice meal work, you need to have a contract with him to say he will pay x and you are responsible for y.

    If he is handling all the aspects of the management, he is essentially leasing the truck from you.

    Your business entity is determined by your situation. If you need to lessen your tax liabilities talk to an accountant who can look at your situation and present you with options.

    But being an owner has its liabilities and its responsibilities both. You not being a hands on owner could end up being a nightmare for you if you have issues with the work from bob.

    Just one accident and you could be wiped out. The legal fees alone can costs tens of thousands and just because you have an llc or an inc, does not mean you are not held liable on a personal asset level.

    And the number one rule in business by the way is never get involved with a relative in a business situation.
     
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  10. Ezrider_48501

    Ezrider_48501 Road Train Member

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    i would recommend talking to a local tax professional to find out the best structure to file your company under. there can be a lot of variables for what is best.
     
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