What can I do to have my drivers be treated as contractors (issue them a 1099-MIsc) instead of employees. I know what IRS guidelines say as far as who is considered an employee and who is considered a contractor: if they don't have control over the type of work, how, where and when the work will get done, then they are an employee.
I know there are trucking / transport companies who legally issue out 1099Misc forms to their drivers and drivers don't own their tractor unit, its the company's that hire them. But I remember I read somewhere that to legally qualify to issue out a 1099Misc, or treat a driver as a contractor, it boils down to how the hire contract is written at time of employment ?
If there is more of a lease/rental arrangement between you and your drivers for the drivers to use your trucks, a contractor relationship may be easier to justify.
Can you give me an example of a lease/rental arrangement between me and the driver? How would I need to word the contract in a case like that? Or is there a specific contract I would need to use?