Filing W-4s.....
From the legality-of-income-tax thread over on Yahoo..
Subj: [legality-of-income-tax] Re: Detroit Service Center Notice
Date: 1/16/03 1:47:17 PM Central Standard Time
From: thenutritionman@yahoo.com
Reply-to: legality-of-income-tax@yahoogroups.com
To: legality-of-income-tax@yahoogroups.com
Sent from the Internet (Details)
The employer gives an employee a W-4 form, not the other way around. And who is an "employer" and "employee" in the first place? Those are legally defined terms and those terms are referenced in Subtitle C of Title 26, which is Employment Taxes. But Income Taxes fall under subtitle A of Title 26, thus A &C are separate and have nothing
to do with each other. Here is the deal, that W-4 deals with Employment taxes (just another name for Social Security Taxes), and it is an Employee's Witholding Allowance Certificate that you are signing! When you sign this form, you are allowing money to be witheld from your paycheck to build credits towards Social Security.
But what if you don't want to build credits for social security? You CANNOT be forced to receive a benefit! And what if you don't have a Social Security number? Without a S.S. number a W-4 form cannot even be processed! That W-4 form is not required to be signed by a citizen, nor does the common law employer have to offer a citizen the
form. Although if the employer has an EIN number he is required to ask for a Social Security number, but the worker does not have to disclose his number (assuming he even has one in the first place since there is no law that requires a U.S. citizen to have a S.S. number to live and work withing the 50 states. So, the correct lawful way for a U.S. citizen who wants to work for someone else but keep all of his money, is to gives his employer a statement of citizenship under 26 CFR 1.1441-5, which is simply a notarized letter stating you are a U.S. citizen. Then the employer makes a copy and sends it off to the IRS Service Center in Philadelpia. Why the statement of citizenship? Because the only person who is subject to income tax witholding under Subtitle A is a non-resident alien! The employer is liable to withold tax from a non-resident under Title 26 Section 1441, but not a citizen! The IRS used to admit this themselves with their own publication 515, but they have recently ommited these facts, although the law still exists in the regulations. If you follow the written law, you can be free!
Jason
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