have a question need alittle help

[rangell218]

I drove for an owner out of new york for a few weeks and then problems with the pay so i left, here is there question I drove at 65-35 and got fuel advances which got payed back after the settlements came in the advances came from the owner put on a flying j card anyway just got 1099 late but got it, i was given a 1099 for over 10,000 which this owner is listing this as pay and not accounting for the pay back after settlements she charged me for fuel after they was payed back any advances, I need to know what needs to be done i contacted and filed a complaint with the IRS as well as new york tax office, I was told by tax office if this is the case its fraud, any advise would be helpful and may help ofter drivers with questions

 

[OntarioVanMan]

The only income on that 1099 should be your 65%...
Does it match what you made? or is it inflated?

 

[charlee]

Like Ontario Said....your 1099 should match 65% of what your pro's were. The fuel money you should have fuel receipts for to use as deductions, but your total 1099 should cover your GROSS, leaving you to determine your deductions.



-charlotte

 

[OntarioVanMan]

Like Ontario Said....your 1099 should match 65% of what your pro's were. The fuel money you should have fuel receipts for to use as deductions, but your total 1099 should cover your GROSS, leaving you to determine your deductions.



-charlotte

See bold....if the owner pays the fuel...why would they be allowed the deduction? or did I miss read again....

 

[rangell218]

thanks for your replys, first I was given advances for fuel by the owner she had us get a flying j card so she would place money on card we as a team was given just enough for fuel would deduct all advances after the settlement and we sometime would get the rest for two weeks we got nothing but lies as to the funds I drove for her for approx 4 weeks and have documented pay for 1700 she sent me a 1099 for 10,390.00 I contacted tri-state and they tell me it not up to them I understand this I contacted IRS and the fraud unit and reported this, let me add this she added money to my 1099 that she never payed us what I mean let me explain something we had a load going to LA and at this point when we were siting in Califorina that she didnt have money for fuel and are pay again was not going to happen, I called tri-state and informed them that we needed a load going back so we could return her truck in Binghamton ny knowing we was not going to get payed we waited three days got a load had tri-state comcheck they advance and left we in turn payed for some fuel we dead headed 400 miles to her house, I did this so she has her truck and I will start looking for an owner that pays, anyway she did pays us for loads on the 1099 we never got payed for. any imput will help again thats sorry if hard to understand

 

[pjjjjj]

Ok OVM, maybe you're wrong, maybe I'm wrong.. but I'm reading it that the driver is getting the 65% and paying for the fuel.

It's always best to get your facts straight, Rangel, before you go calling the government in.

Pro pays $1000 total to truck.

Split is 65/35 to driver who pays fuel, therefore driver gets $650 and owner gets $350.

Owner releases a portion, say 40% (for argument's sake), of driver's share of the gross, so $650x40%=$260, to a flying j card, so the driver can pay for fuel on this trip.

Driver purchases fuel with the $260 advance, and keeps his receipts.

Two weeks later, driver gets settlement, and it shows his $650 share of the $1000 gross. Note that this does not mean the driver actually received $650 in his hand.

The advance he got of $260, to pay for the fuel he bought on the flying j card, is deducted from his $650 share, to pay the flying j credit card bill (or however you'd like to word it),
therefore, driver's gross revenue on this settlement is $650, and his net on this settlement is $390. Driver only actually sees $390 of it, because the rest was spent before he actually got it.

For ease of discussion, this happens for 10 weeks, the same way, one load per week, same run, same pay, same fuel advances and paybacks.

Driver is issued his 1099 for 2008. It shows 10 weeks of receiving $650 gross, so $6500. What???? But the driver only actually saw $3900 of it!!!!!!!

His 1099 doesn't care what monies were advanced and for what, it only cares about the gross revenue the driver earned.

Driver prepares his tax forms, shows the $6500 gross revenue, and then lists his expenses, which include $260x10wks of fuel receipts, so $2600. He had no other expenses (for discussion purposes only), therefore his net is $3900, and he pays taxes on this amount, if any.

-----------------
If writer were to have it his way (and eat it too), he would get the $260 advance for fuel. Then he'd get his settlement showing he earned $650, but only receiving $390 because the $260 advance was paid back. Then at 1099 time, he would get a 1099 for $3900 because he paid back his advances. The discrepancy comes in the writer's mind because, in fact, he is being issued his $650 PLUS the $260 advance, and then the $260 is being paid back... the gross revenue is still $650, and not $650 less $260.

 

[mjolnir131]

yes but it sounds like what the owner did was to report the advance as income plus what the settlement showed.

so the 1099 was showing the 650 plus the 260 as income the driver got and thats wrong if that is the case

 

[Tempest]

I have to believe he/she is not counting the fuel as part of his/her pay. We have what appears to be 2 cross country runs. (ny-ca and ca-within 400 miles of ny) assuming 1.25 rpm with no fsc this is about 5,000 miles and 65% would gross over $4,000, was off the mentioned $1700. I cant believe this was all they ran in 4 weeks. based on this I have to agree with pjjjjj about having it and eating it too. Perhap this is not the case but the info provided sure does suggest it is.

 

[Dreamer]

Rangell,
This thread is now being locked. It is well known that you have personal issues with the owner, (and yes, most know who it is after your repeated use of names) and you have been asked many times to keep your legal issues off the forum.

You need to deal directly with this person not keep airing your legal issues here.

Otherwise, it's just 'he said she said'.


pjjjjj.. I like your explanation, and it is closer to what I understand.


Dale