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WHO IS RESPONSIBLE FOR IFTA & HUT??
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       Trucking Forums Message Board, Truck Drivers Forums - Forum Index -> Owner Operators Forums
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sidman82



Joined: 21 Jun 2006
Posts: 410
Location: Long Island,NY

Posted: Tue Sep 19, 2006 1:35 pm    Post subject:  

I talked to someone who finally gave me an answer. The company is paying all. Some off the company dispatchers just could not give me an answer at first. I found the right person to talk to and he told me what I needed to know. Thanks for the advice given :D
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Scooter



Joined: 18 Jun 2006
Posts: 22

Posted: Mon Oct 02, 2006 7:27 pm    Post subject:  

P Jug Joe wrote: Regardless of who "had to" pay the taxes, you'd better make sure they are getting paid- because ULTIMATELY, YOU are the one responsible. If they aren't paying them, I don't think you can get off the hook by saying "well, they were SUPPOSED to pay it" or "they TOLD me they would pay it..."

I could be wrong on that but I doubt it.

A lot of people let the company provide the base plate and they pay a monthly fee- that way they don't have to pay one big lump sum. I prefer to pay the lump sum and have my very own plate that goes with me when I leave...

Although, I don't know of any regular-Joe insurance plan that will cover you unless you are between leases... anyone help on that one?
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Scooter



Joined: 18 Jun 2006
Posts: 22

Posted: Mon Oct 02, 2006 7:28 pm    Post subject:  

P Jug Joe wrote: Regardless of who "had to" pay the taxes, you'd better make sure they are getting paid- because ULTIMATELY, YOU are the one responsible. If they aren't paying them, I don't think you can get off the hook by saying "well, they were SUPPOSED to pay it" or "they TOLD me they would pay it..."

I could be wrong on that but I doubt it.

A lot of people let the company provide the base plate and they pay a monthly fee- that way they don't have to pay one big lump sum. I prefer to pay the lump sum and have my very own plate that goes with me when I leave...

Although, I don't know of any regular-Joe insurance plan that will cover you unless you are between leases... anyone help on that one?


The carrier whos name is on the registration is the one that's responsible.

No one else. He's also the one that has to report the miles travelled, fuel purchases etc.
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NOTR



Joined: 10 Nov 2005
Posts: 16

Posted: Tue Oct 23, 2007 6:29 am    Post subject:  

[/quote]The carrier whos name is on the registration is the one that's responsible.

No one else. He's also the one that has to report the miles traveled, fuel purchases etc.[/quote]

So fellow truckers do we have a final word on this topic? I'm also confused right now as IFTA is due in just under 10days. I recently became an OWNER OPERATOR and ran for 3months under the authority and plates of the company I was leased to with their name on the registration. Just few days back we split with bitter memories and are under no speaking terms whatsoever and don't seem to have it any in future. Now here comes the funny part .... they never asked for any sort of logbooks for the trips which I did under their authority. YES, no logbooks or fuel receipts(even though I didn't their fuel card so they have no idea where I fueled and stuff) or anything of that matter for the last three months. No one ever raised the questioned ever. So being a "newbie" I'm a bit nervous and afraid as to what should I do now? Were they doing that to screw me over as from the very first trip we started having differences. Are/Were they trying to "get back" to me or its just carelessness on their part? Should I wait for the "non-payment" notice to show up or should I go ahead and file IFTA-QUARTERLY? I tried calling the owner of the previous company but being an @$$ he didn't answer and I'm sure anyone there would be of any help even if they decide to listen to me.

So should I file IFTA or face penalty or will I face penalty? And should I send them Log-Books? What are advantages and disadvantages of not submitting the logbooks to the company being an owner operator? Any help or suggestions fellow road-warrior? :?: :cry: :?
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Rev.Vassago



Joined: 04 Apr 2006
Posts: 6281
Location: The other side of the coin

Posted: Tue Oct 23, 2007 8:25 am    Post subject:  

[quote="NOTR"]So fellow truckers do we have a final word on this topic? [quote]

Generally, if you are leased to a carrier, they file your IFTA as a convenience for you. Some will even absorb the cost (which is usually next to nothing).

If your company is refusing to pay the IFTA, then the responsibility falls on your shoulders. It would be better to overpay than to underpay, imo.
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sidman82



Joined: 21 Jun 2006
Posts: 410
Location: Long Island,NY

Posted: Tue Oct 23, 2007 5:28 pm    Post subject:  

Wow, flashback from the past. Not so long ago. I am just about done with my authority process. Only waiting for IRP and I'm done. It was pretty easy. I did everything. The Authority was very easy and simple.
I have learned a lot over the last year. Like I've said somewhere before, I've been driving for 20 years, but leased on to a company last year. It was a new experience for me. I will not go back to company. In my opinion, carrier is responsible. Unless you actually applied for and received your own IFTA sticker in your name, it's on them the registered party. Call IFTA and ask.
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GMAN



Joined: 13 Feb 2005
Posts: 9909
Location: Tennessee

Posted: Tue Oct 23, 2007 7:24 pm    Post subject:  

NOTR wrote: The carrier whos name is on the registration is the one that's responsible.

No one else. He's also the one that has to report the miles traveled, fuel purchases etc.[/quote]

So fellow truckers do we have a final word on this topic? I'm also confused right now as IFTA is due in just under 10days. I recently became an OWNER OPERATOR and ran for 3months under the authority and plates of the company I was leased to with their name on the registration. Just few days back we split with bitter memories and are under no speaking terms whatsoever and don't seem to have it any in future. Now here comes the funny part .... they never asked for any sort of logbooks for the trips which I did under their authority. YES, no logbooks or fuel receipts(even though I didn't their fuel card so they have no idea where I fueled and stuff) or anything of that matter for the last three months. No one ever raised the questioned ever. So being a "newbie" I'm a bit nervous and afraid as to what should I do now? Were they doing that to screw me over as from the very first trip we started having differences. Are/Were they trying to "get back" to me or its just carelessness on their part? Should I wait for the "non-payment" notice to show up or should I go ahead and file IFTA-QUARTERLY? I tried calling the owner of the previous company but being an @$$ he didn't answer and I'm sure anyone there would be of any help even if they decide to listen to me.

So should I file IFTA or face penalty or will I face penalty? And should I send them Log-Books? What are advantages and disadvantages of not submitting the logbooks to the company being an owner operator? Any help or suggestions fellow road-warrior? :?: :cry: :?[/quote]


Only the carrier can file the IFTA. The carrier must file for all trucks owned or leased to them who runs under their authority. You are required to turn in all logs and fuel receipts to the carrier so that they can file correctly. If there is an audit and a problem due to your failure to turn in all receipts and logs, then you could possibly be held liable for any taxes and penalties. Your failure to turn in all receipts and logs could be construed as tax evasion, if caught. You are willfully refusing to turn in tax receipts. These government agencies don't have a sense of humor when it comes to taxes.
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NOTR



Joined: 10 Nov 2005
Posts: 16

Posted: Thu Oct 25, 2007 8:36 am    Post subject:  

Quote: You are required to turn in all logs and fuel receipts to the carrier so that they can file correctly. If there is an audit and a problem due to your failure to turn in all receipts and logs, then you could possibly be held liable for any taxes and penalties. Your failure to turn in all receipts and logs could be construed as tax evasion, if caught. You are willfully refusing to turn in tax receipts.

Thanks for enlightening info fellow truckers. As advised I did mailed in my logs and fuel info to the company. But the kind of situation I'm in doesn't help at all. As I do no longer have any(and I mean ANY) talking terms with the company and I did turn in all needed for them to file IFTA but what if the ex-company-carrier intentionally doesn't file IFTA falsely claiming that I did not submit the logs and receipts? And I believe they can do that as I have no proof of them not having the info as the mailing confirmation receipts does not show what's inside the package. Help Please! :sad:
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GMAN



Joined: 13 Feb 2005
Posts: 9909
Location: Tennessee

Posted: Thu Oct 25, 2007 8:07 pm    Post subject:  

Just keep copies of everything. You should have kept copies of your logs for tax purposes, anyway. You may want to make some notes about what you did and when, whom you talked with and dates. I really don't think anything will come of it. From your post, both of you wanted to sever the relationship.
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NOTR



Joined: 10 Nov 2005
Posts: 16

Posted: Thu Oct 25, 2007 9:14 pm    Post subject:  

GMAN wrote: Just keep copies of everything. You should have kept copies of your logs for tax purposes, anyway. You may want to make some notes about what you did and when, whom you talked with and dates. I really don't think anything will come of it. From your post, both of you wanted to sever the relationship.

Thank you once again GMAN for the valuable advice. Well, to be very frank I had no intentions of parting my ways with company but sometimes enough is enough. Empty promises, lies, stabbing in the back are some of the harsh learnings for virgin owner operators. Well, I learned my lesson. As they say "You have to pay to find a way".

But I hope they don't screw me over and cause an audit or so. I really was taken by their sweet words like a kid. Pray for me that IFTA guys don't show up at my door. Please :sad:
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