who gives the 1099?

[tani1118]

I'm buying an old truck from this trucking company, I have a driver who drove it for me a few months in that same company. I am an individual, do not own a business. The company is giving me a 1099 for the money earned on the truck and saying i need to give a 1099 to my driver. Is it possible for them to give him one as my sub contractor? i read somewhere its possible, and that his earnings would actually lower the money earned on mine. Also what if the truck didn't really make me any money, i was actually in the minus with the company because of all the repairs the truck needed. Help 😥

[JohnB5677]

Let's back up just a little.  You said you bought a truck, you had a driver that was a sub contractor, and you got a 1099.  It sounds like you have a business.  You can have a business even though you didn't make any money "this year".

TurboTax Home & Business can take care of all of that.  If you didn't make money this year you should take advantage of the loss to reduce your taxes.  You should issue the 1099 to your driver, and prepare a business tax return.  You can do all of this with the software.

Please see the link:  TurboTax Home & Business

[tani1118]

Thanks for the reply. What if I do not have a company, can I as an individual give the driver the 1099? I should clear up, that company has been paying the driver (who drove my truck) , then him and all other truck expenses would be deducted from my statement. That's why I'm thinking maybe the company should give him the 1099.

[ThomasM125]

It sounds like you are being paid to drive a truck, or you are being paid to have someone else drive your truck. In either case, if you are receiving money, then you should get a form 1099-MISC from the company that is paying you.

If you are paying someone to drive your truck, then you need to issue them a form 1099-MISC. So in other words, whoever the check is written from, they need to issue the 1099 form to the person the check is written to.

[lap39]

This sounds like it could apply to my situation.  I have  long term care ins.  I have a Caregiver.  My LTC pays me and I then have to pay my Caregiver.  My plan gives me a 1099LTC but nothing to my caregiver.  My caregiver is a friend not a business. But I guess  now she has become self employed?? ?   I am not a business either.  But  since  I am the one who issues her the check do I need to give her a 1099misc?  

[DMarkM1]

Yes, you would issue the 1099-Misc to the caregiver.  Here is an example link that may help.  You will find numerous sites with an online search that will help with creating/issuing a 1099-Misc.