Owner Operator and State Income Taxes

Discussion in 'Ask An Owner Operator' started by BnBTrucking, Apr 2, 2015.

  1. BnBTrucking

    BnBTrucking Bobtail Member

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    Does an independent owner operator have to pay state income taxes in all the states he drives through, picks up, drops off in, etc... Or just in the state that he resides in??
     
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  3. Starboyjim

    Starboyjim Road Train Member

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    I hope it's just the state of residence. Fuel taxes, surely, among others, per state.
     
  4. Dakota1358

    Dakota1358 Medium Load Member

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    Only in your home state
     
  5. TankerYankr

    TankerYankr Medium Load Member

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    Yeah, income tax only in your home state, any other taxes you are still stuck with.
     
  6. double yellow

    double yellow Road Train Member

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    If you are a sole proprietorship, you pay state income taxes only in your home state (thanks to the Amtrak Act).

    If you are incorporated, you still only need to file personal income taxes in your home state, but your corporation is supposed to pay income taxes in every state in which it has nexus. New Jersey, Pennsylvania, Michigan, Illinois, & California are among the states most aggressive in enforcement.
     
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  7. BnBTrucking

    BnBTrucking Bobtail Member

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    Apr 2, 2015
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    We are set up as an single member LLC... which is taxed as a sole proprietor... would we still have to pay income taxes in every state in which we have nexus. And, what is nexus anyways??
     
  8. double yellow

    double yellow Road Train Member

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    I don't know for sure, but I suspect if set up to be taxed as a sole prop you wouldn't have to worry about it.

    "Nexus" is "a connection" -- which in the context of taxes means you have a sufficient connect to the state for them to tax you. Each state sets up its own threshold for creating nexus. If you pick up or deliver in New Jersey, for example, you've created Nexus there. If you merely drive through Illinois, you've created Nexus there.
     
  9. marineman227

    marineman227 Dock Waterer

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    LLC isn't actually a recognized organization by the IRS, all they see is how you choose to pay your tax. Since you elected to be taxed as a sole proprietor you will only have to pay in your home state. If you had elected to be taxed as an S corp you would pay in all of them.
     
  10. Landstar412709

    Landstar412709 Bobtail Member

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    Apr 8, 2015
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    Only your State of residence.
     
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