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Old 04-19-2007, 10:03 AM
  #11  
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Originally Posted by TXTECHKA
what if you own a flight school and your student pays the school and its a corporation and you collect dividends at the end of the quarter instead of a paycheck.
Right, because then you wouldn't be getting paid to fly, you'd be getting paid 3 months later to fly...yeah...that'll confuse 'em.

If you own the school, and you fly with someone, and that person pays the school, who in turn pays you, how are you not getting paid again? Maybe I'm missing something though.

Or if you sell airplanes and ferrying an aircraft is contribitory to your business but you aren't actually paid to fly but you are paid to broker an aircraft. Loopholes I'm sure.
Totally difference scenario. You were paid to broker the aircraft. Even private pilots can give demo rides I believe. No need for a commercial license. Certainly not a loophole, there are a lot of pilots that do aircraft sales.

Now, if you charge a "delivery fee" then I could see that as getting paid to ferry an aircraft, but I'm not a lawyer. If I was, I'd argue that that would be a commercial operation.
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Old 04-19-2007, 10:11 AM
  #12  
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Because as the owner of a corporation, you will collect dividends. It doesn't have to specify what it's for. You could write it in your logbook as dual given with note for not compensated then the school cuts a check for dividend quarterly profits which takes into account all other profits then there is no way to tell all the places that the funds came from (pilot shop sales, other instructors who are employeed, rentals, etc). The point is there are lots of ways around this. Just be careful and make sure it looks like you are doing everything for free. Selling planes is probably the best route, more money too. Btw that was all hypothetical, you couldn't pay me enough to own a flight school.
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Old 04-19-2007, 10:16 AM
  #13  
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What you describe sounds like commercial flying, which if you look it up is what the reg refers to, I think.
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Old 04-19-2007, 10:16 AM
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Those dividends your collecting as owner/operator will be viewed as compensation for the activity you perform at said flight school. If flying is one of those activities...well...use your imagination.
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Old 04-19-2007, 10:37 AM
  #15  
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Originally Posted by TXTECHKA
Because as the owner of a corporation, you will collect dividends. It doesn't have to specify what it's for. You could write it in your logbook as dual given with note for not compensated then the school cuts a check for dividend quarterly profits which takes into account all other profits then there is no way to tell all the places that the funds came from (pilot shop sales, other instructors who are employeed, rentals, etc). The point is there are lots of ways around this. Just be careful and make sure it looks like you are doing everything for free. Selling planes is probably the best route, more money too. Btw that was all hypothetical, you couldn't pay me enough to own a flight school.
I honestly don't know how the FAA would take it. You bring up some valid arguments which, quite honestly, have nothing to do with a regional FO making extra money on the side by instructing.

If I were to guess, you'd be paying your tax attorney and CPA's more than the first year salary at a regional to keep track of all those records. What's my point? The typical regional FO doesn't have access to a large fleet of airplanes, a pilot shop, an FBO, and a payroll department.

My recommendation - simply put - don't instruct on the side without prior written permission from the higher ups at your company. There are a lot of things you can do on the side at a regional with all that time off - use it to learn something new instead of flying every day of every week!
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Old 04-19-2007, 11:37 AM
  #16  
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I think that the conclusion could be made that flight instructing is commercial flying whether you get paid money for it or not. You need a commercial certificate to flight instruct do you not?
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Old 04-19-2007, 12:14 PM
  #17  
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Originally Posted by Burt Reynolds
I think that the conclusion could be made that flight instructing is commercial flying whether you get paid money for it or not. You need a commercial certificate to flight instruct do you not?
You need a commercial (obviously) to get a CFI certificate. Instructing, however, has been held to be a 'teaching' position, not a 'flying' one, which is why you don't need a medical certificate to instruct so long as the 'student' can act as PIC. In other words, no primary instruction without a medical, but pretty much everything else (with a few exceptions like doing a BFR for someone out of currency) is OK.

As far as the context of this issue goes, any commercial flying (whether or not it's 121) counts toward the 1000/yr. All I'm saying is that I wouldn't count instructing as 'commercial flying', though it may very well be, solely because one needs a commercial certificate to get the CFI.

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Old 04-19-2007, 12:31 PM
  #18  
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Originally Posted by kbalch
You need a commercial (obviously) to get a CFI certificate. Instructing, however, has been held to be a 'teaching' position, not a 'flying' one, which is why you don't need a medical certificate to instruct so long as the 'student' can act as PIC. In other words, no primary instruction without a medical, but pretty much everything else (with a few exceptions like doing a BFR for someone out of currency) is OK.

As far as the context of this issue goes, any commercial flying (whether or not it's 121) counts toward the 1000/yr. All I'm saying is that I wouldn't count instructing as 'commercial flying', though it may very well be, solely because one needs a commercial certificate to get the CFI.

Ken

I will guarantee your 121 airline will see it differently. Most likely it is covered sometime in your new hire training. If you value your job it would be wise to ask before flying on the outside for $. I have heard of some CP's allowing it. One could always make money as a sim FO at FSI or the like.
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Old 04-19-2007, 12:40 PM
  #19  
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Originally Posted by Slice
I will guarantee your 121 airline will see it differently. Most likely it is covered sometime in your new hire training. If you value your job it would be wise to ask before flying on the outside for $. I have heard of some CP's allowing it. One could always make money as a sim FO at FSI or the like.
I don't disagree at all. I was merely pointing out that it's a logical fallacy to simply assume that instructing is 'commercial flying' because one needs a commercial certificate to get the CFI. Instructing may very well be considered 'commercial flying', but not for the reason the previous poster postulated.

Ken
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Old 04-19-2007, 12:42 PM
  #20  
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Its only commercial flying if you recieve payment for it. If you give you uncle a bfr in his bonanza and he doesn't pay you then that wasnt a commercial operation. It was a part 91 pleasure flight.
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