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Tractor Talk Discussion Board

Re: OT- Commodity wages?


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Posted by bc on February 01, 2011 at 12:12:01 from (68.92.138.32):

In Reply to: Re: OT- Commodity wages? posted by Mike (WA) on February 01, 2011 at 08:53:28:

Mark is technically correct on the not illegal for the farmer if he provided a W-2 but that would defeat the intent of what the poster wanted to do which is collect some wages more than SSI allows which makes it illegal as I read it. Also according to the IRS, if they deem the commodity wages as cash wages (meaning he regularly sells the commodities for cash), then the IRS could restructure it and require the farmer has to pay social security taxes. Of course if you sit on the commodities, then you pay storage and run the risk of the price going down. The W-2 income figures would be based on the commodity price on the date of the transaction. Either way the poster pays income taxes and if he made any false reports to SSI, the W-2 would be a red flag and probably prima facie evidence to net the poster some time in a facility where they provide him 3 hots and a cot.

I don't know what others run into, but the two elevators I deal with compute all sales back to the original scale ticket so they get the dockages and storage fees properly calculated. Any partial sales and transfers would show up on the final ticket. I know there are plenty of articles written about the low percentage of returns that get audited, but I tell people to follow the law to start with and then there is nothing to worry about when the rare audit ever happens. An IRS review would find those transfers.

What the poster was talking about would be a conspiracy between him and the farmer. I've seen countless co-conspirators get ratted out by the other. My favorite is when someone takes the stand in a contempt case for non-payment, they usually get boxed into a corner about working and openly admit they are working under the table for some contractor or farmer. A better choice of words would be that they are self employed independent sub contractors but when they get on the stand they get flustered and its always comes out working under the table.

Regarding SSI. It seems it is near impossible to get it without showing complete disability and only after you appeal the initial denial. Revisiting it and taking it away are probably not that common. I can think of an SSI case for depression who works the minimimum allowed hours as a licensed cosmotologist doing hair to supplement the SSI and should she work more hours they just cut her SSI and make no bones about her ability to work. Another one is a person who is deaf that works generally full time. Had the SSI award for over 40 years. The only time they pay any SSI is if she gets laid off or hours cut back or something which is rare. Her deafness will never change so there is no point for them to revisit it.


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