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ALL O/O READ AND BEWARE
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       Trucking Forums Message Board, Truck Drivers Forums - Forum Index -> Rules and Regulations and DAC, oh my.......
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rakinraymond



Joined: 14 Feb 2007
Posts: 12
Location: kentucky

Posted: Fri Feb 16, 2007 7:30 pm    Post subject: ALL O/O READ AND BEWARE  

Was in S Plainfield NJ to pickup load. NJ Dept of Treasury Compliance Unit stopped my truck outside pu warehouse, was empty. Ask driver if he had a NJ Corp Business Tax Certificate. Never heard of it. Called me with questions about how long been in business ETC... I received a Jeopardy Assessment of $2000.00 for not being in compliance. Would not let my equipment be moved until I wired fine to NJ Dept of Treasury bank.

In my research OOIDA, ATA & Todays Trucking Online have articles about this going on for a couple of years. Have contacted OOIDA and ATA not much response. Their article states if you are leased to a company (which I am) don't worry about it. WRONG. The company I am leased to was not in compliance so they came after me. The only exemptions are sole properitor or single LLC but you still are required to file paperwork with NJ Dept of Treasury and they will make a determination.

They got 11 other O/O while my driver was there that day. The O/O behind me was assessed a $4500.00 fine.

The Certificate for NJ is $50.00 per year PLUS a $500.00 mininum tax payment if you only deliver or pickup 1 load per year in NJ. GOOD NEWS
is you can drive thru the state without this permit, JUST DON'T ADMIT YOU HAVE EVER DELIVERED OR PICKED A LOAD IN THE STATE OF NEW JERSEY. If you have just 1 time, hope you have a hugh bank account.

I do have 90 days to appeal their assessment but I don't know which way to go. Anyone had this experience ? I am open to all suggestions.
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rank



Joined: 02 Oct 2006
Posts: 1296

Posted: Fri Feb 16, 2007 8:28 pm    Post subject: Re: ALL O/O READ AND BEWARE  

rakinraymond wrote: Was in S Plainfield NJ to pickup load. NJ Dept of Treasury Compliance Unit stopped my truck outside pu warehouse, was empty. Ask driver if he had a NJ Corp Business Tax Certificate. Never heard of it. Called me with questions about how long been in business ETC... I received a Jeopardy Assessment of $2000.00 for not being in compliance. Would not let my equipment be moved until I wired fine to NJ Dept of Treasury bank.

In my research OOIDA, ATA & Todays Trucking Online have articles about this going on for a couple of years. Have contacted OOIDA and ATA not much response. Their article states if you are leased to a company (which I am) don't worry about it. WRONG. The company I am leased to was not in compliance so they came after me. The only exemptions are sole properitor or single LLC but you still are required to file paperwork with NJ Dept of Treasury and they will make a determination.

They got 11 other O/O while my driver was there that day. The O/O behind me was assessed a $4500.00 fine.

The Certificate for NJ is $50.00 per year PLUS a $500.00 mininum tax payment if you only deliver or pickup 1 load per year in NJ. GOOD NEWS
is you can drive thru the state without this permit, JUST DON'T ADMIT YOU HAVE EVER DELIVERED OR PICKED A LOAD IN THE STATE OF NEW JERSEY. If you have just 1 time, hope you have a hugh bank account.

I do have 90 days to appeal their assessment but I don't know which way to go. Anyone had this experience ? I am open to all suggestions.
Man that is freakin' brutal. Are you base in NJ?
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Maniac



Joined: 15 Sep 2004
Posts: 637
Location: Northeast

Posted: Fri Feb 16, 2007 8:37 pm    Post subject:  

Quote: he only exemptions are sole properitor or single LLC but you still are required to file paperwork with NJ Dept of Treasury and they will make a determination.



If you are incorporated it APPLIES to you, but if your not nothing to worry about.

True about the $500.00 minimum though.

N.J. has the HIGEST taxes in the U.S. on EVERYTHING.

Hey, they even have a tax if you MOVE out of NJ, if you buy somewhere else before you sell in NJ!!!!

NJ the organized crime state formerly the garden state
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rakinraymond



Joined: 14 Feb 2007
Posts: 12
Location: kentucky

Posted: Fri Feb 16, 2007 8:43 pm    Post subject:  

I am based in Kentucky. I could be wrong but the booklet they sent me says only sole properitor and single member LLC are exempt. An LLC with 2 or more members is not exempt. Also states that even the above are exempt they still need to file paperwork and they (NJ) will make the determination.
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Maniac



Joined: 15 Sep 2004
Posts: 637
Location: Northeast

Posted: Fri Feb 16, 2007 8:48 pm    Post subject:  

If you are NOT incorporated it doesn't apply.

A lot of guys are NOT incorporated and are NOT sole proprieters either, they need not worry, my brother is an O/O based in NJ and working for a NJ based company, he does not fit in to this ANYWHERE, I am incorporated but do NO buisness in NJ, can't afford to :D
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Rev.Vassago



Joined: 04 Apr 2006
Posts: 6221
Location: The other side of the coin

Posted: Fri Feb 16, 2007 8:51 pm    Post subject:  

Funny how the guys who insist that a single-truck O/O should incorporate conveniently forget to mention this one.
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tfmotors



Joined: 14 Apr 2006
Posts: 419
Location: Oregon

Posted: Fri Feb 16, 2007 11:22 pm    Post subject:  

Yet one more reason that I avoid the East Coast like the plague. (except Floriduh)
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kreeper01



Joined: 09 Aug 2003
Posts: 514
Location: East Central illinois

Posted: Sat Feb 17, 2007 9:17 am    Post subject:  

Brutal, just brutal that New Joisey will screw an O/O for not having a NJ tax BS on there truck.

NJ should take that tax (dildo) and screw themselves with it and see how they like it? O/O should not be the one's paying an idiotic tax for just moving through the state (p/u or unload).
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rakinraymond



Joined: 14 Feb 2007
Posts: 12
Location: kentucky

Posted: Sat Feb 17, 2007 12:18 pm    Post subject: Registeration Requirements  

To quote the New Jersey Complete Business Registration Package. Applicants who are registering as Sole Proprietors or Partnerships must file pages 17-19, for NJ-REG. Page 1, REGISTISTRATION FORMS AND INFORMATION. You are not subject to the Corp Business Tax but you are REQUIRED to file as a new business entity.

The information I am trying to provide is so other O/O will not get screwed the way I was. I have no interest other that trying to help others. Believe what you want. The information above is from the NJ Dept of Treasury not something I thing someone told me.

No the company I am leased to has no intention of helping in any way. They run about 6 trucks and will just stay out of NJ. I am based out of Kentucky. :evil:
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RostyC



Joined: 21 Oct 2005
Posts: 1298
Location: Blowing around in this Hurricane

Posted: Sun Feb 18, 2007 11:12 am    Post subject:  

Maryland has something similar to that, it's called a personal property tax. I'm not sure as to what entities it applies to but it cost me 300.00 per year. I have an S corp, and this is for a construction business, not sure about how truck businesses are handled. The 300 bucks is the FILING FEE as they call it. (I can't say what I call it), I don't pay anymore than that, thanks to my accountant.
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Maniac



Joined: 15 Sep 2004
Posts: 637
Location: Northeast

Posted: Tue Feb 20, 2007 7:52 am    Post subject:  

Quote: Maryland has something similar to that, it's called a personal property tax


So does Arkansas and Kansas :shock: and who knows how many more will jump on the wagon.
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madbunny



Joined: 25 Nov 2006
Posts: 47

Posted: Tue Feb 20, 2007 11:13 pm    Post subject:  

A lot of states have personal property tax. And it applies for people who live in the state. And for the most part only applies to things like vehicles and or personal property. IE your house and land. Which most states tax you on to begin with each and every year. So what is the big deal???
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kc0iv



Joined: 03 Feb 2005
Posts: 1113
Location: Kansas City, MO

Posted: Wed Feb 21, 2007 6:31 am    Post subject:  

madbunny wrote: A lot of states have personal property tax. And it applies for people who live in the state. And for the most part only applies to things like vehicles and or personal property. IE your house and land. Which most states tax you on to begin with each and every year. So what is the big deal???

Why should a person have to pay personal property taxes to a state(s) they don't live or own personal property in? That is the big deal.

kc0iv
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Maniac



Joined: 15 Sep 2004
Posts: 637
Location: Northeast

Posted: Fri Feb 23, 2007 10:30 am    Post subject:  

Quote: Why should a person have to pay personal property taxes to a state(s) they don't live or own personal property in?



I agree, BUT these states figure YOU are earning money while you are driving thru THEIR state, and THEY want a piece of it, kind of like fuel taxes.

Apparently these laws got passed, and were probably slipped in without anyone knowing about them, until it was too late.
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One



Joined: 13 Mar 2005
Posts: 953
Location: Alabama

Posted: Fri Feb 23, 2007 5:04 pm    Post subject:  

Highway robbery! Thanks for letting us that are ignorant know. Ill be sure to never go to NJ since they dont want me there.
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