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Very Disturbing

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Re: Very Disturbing

Unread postby gnm » Mon 28 Apr 2008, 18:13:24

It only applies if you have an SSN. Thats what I am saying - Its impossible to file a return without an SSN. Nor does the IRS have any method of withholding in the absence of an SSN. And there is no requirement to get an SSN - but there is also no way to get rid of an SSN....

By getting an SSN you are essentially entering into a permanent contract with the "corporate" US and agreeing to be subject to all tax law.

-G
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Re: Very Disturbing

Unread postby BigTex » Mon 28 Apr 2008, 18:20:35

$this->bbcode_second_pass_quote('gnm', 'I')t only applies if you have an SSN. Thats what I am saying - Its impossible to file a return without an SSN. Nor does the IRS have any method of withholding in the absence of an SSN. And there is no requirement to get an SSN - but there is also no way to get rid of an SSN....

-G


And if you don't get caught everything will be fine.

But don't mistake not getting caught for an approach that works within the existing rules.

It's not impossible to file a return without a SSN. The filing requirement is not only applicable to people with SSNs.

The IRS does have a method of withholding in the absence of a SSN--it's the TIN.

I'm not arguing any of this is right or the best approach, I'm just trying to tell you what the IRS says when they catch people doing this kind of thing.
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Re: Very Disturbing

Unread postby gnm » Mon 28 Apr 2008, 18:33:33

Catch them doing what? Not having an SSN?

Please tell me how to file without an SSN. The IRS says you can't. I called them. Its SSN or TIN.

You can't get a TIN if you are eligible for an SSN. So still no withholding.

-G
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Re: Very Disturbing

Unread postby BigTex » Mon 28 Apr 2008, 18:43:44

$this->bbcode_second_pass_quote('gnm', 'C')atch them doing what? Not having an SSN?

Please tell me how to file without an SSN. The IRS says you can't. I called them. Its SSN or TIN.

You can't get a TIN if you are eligible for an SSN. So still no withholding.

-G


The withholding requirement is applicable to the employer.

The requirement to report income and pay tax on it is the obligation of the individual.

As for whether not having a TIN or a SSN could give you a better tax outcome, think about that for a second. All the IRS would say is that when you have U.S. income you have an obligation to either apply for a SSN or a TIN.

But the liability for tax on income is unrelated to whether you have a SSN or a TIN. The decision not to pay tax on income because you do not have a SSN or a TIN is not a good strategy.
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Re: Very Disturbing

Unread postby smallpoxgirl » Mon 28 Apr 2008, 18:50:54

$this->bbcode_second_pass_quote('gnm', 'O')nly you cannot file a W2 so the withholding is not on the employer as the potential employee is exempt from withholding/filing.


Exempt from filing, only if you are below certain income limits. Exempt from withholding, no. The only way to be exempt from withholding is to file a W-2 and mark the box indicating you are exempt. The employer is responsible for collecting the W-2 from you, ensuring that the SSN is correct, and withholding correctly. As an employer, you can be fined for not reporting employee income using the right SSN, even if the employee gave you an incorrect number. (Social security has a system employers can use to ensure the number is correct.) see publication 15, Employers Tax Guide.

As far as I am aware, it is not possible to legally hire someone without a completed W-2 including either an SSN or an alien ITIN.
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Re: Very Disturbing

Unread postby gnm » Mon 28 Apr 2008, 18:53:46

SPG, I need to find the form, but there is a way to do it which basically states that the employee is responsible for all applicable tax withholding - in short none if you have no SSN but lets employer off the hook. Once again no SSN, no way for them to do it....

-G
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Re: Very Disturbing

Unread postby BigTex » Mon 28 Apr 2008, 19:00:50

$this->bbcode_second_pass_quote('gnm', 'S')PG, I need to find the form, but there is a way to do it which basically states that the employee is responsible for all applicable tax withholding - in short none if you have no SSN but lets employer off the hook. Once again no SSN, no way for them to do it....

-G


Form W-4, BTW.

I will be interested in the form you come up with to support your argument.

And what is the purpose of what you are talking about? Does it affect how much you owe in taxes or your obligation to file a tax return?
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Re: Very Disturbing

Unread postby gnm » Mon 28 Apr 2008, 19:05:10

Essentially what I am proposing (at least my take on things after a couple years studying it) is that the SSN is the key in that it represents the contract which makes you liable for withholding and filing, and relinquishes your constitutional rights to due process etc in regards to the contract (taxes).

I know someone who files said form to an employer - I will try to get details but it will take a day or two.

-G
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Re: Very Disturbing

Unread postby smallpoxgirl » Mon 28 Apr 2008, 19:08:43

$this->bbcode_second_pass_quote('gnm', 'S')o if you are a natural born US citizen who has CHOSEN not to get a SSN they have no way of withholding and no way for you to file a return other than to tell you "get an SSN" - which is not mandatory.


Yep. That sounds right. You don't have to get an SSN, but you can't file taxes without it, and you can't forgo taxes without going to jail. In essence, if you want to work in the US, you have to get numbered.
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Re: Very Disturbing

Unread postby gnm » Mon 28 Apr 2008, 19:12:20

$this->bbcode_second_pass_quote('smallpoxgirl', 'Y')ep. That sounds right. You don't have to get an SSN, but you can't file taxes without it, and you can't forgo taxes without going to jail. In
essence, if you want to work in the US, you have to get numbered.


Actually, if you are not numbered you are not liable for the income tax. But you are liable for sales, property, etc...

-G
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Re: Very Disturbing

Unread postby BigTex » Mon 28 Apr 2008, 19:12:46

$this->bbcode_second_pass_quote('gnm', 'E')ssentially what I am proposing (at least my take on things after a couple years studying it) is that the SSN is the key in that it represents the contract which makes you liable for withholding and filing, and relinquishes your constitutional rights to due process etc in regards to the contract (taxes).

I know someone who files said form to an employer - I will try to get details but it will take a day or two.

-G


Okay, but the SSN is not mentioned anywhere in the IRC when it talks about who must pay taxes.

And remember, withholding is not YOUR obligation, it is the employer's. Filing a return is your obligation.

Income taxes are not a contractual matter. Most legal obligations imposed by the government are not contractual. You can no more "opt out" of income tax liabilities than you can opt out of speed limits, red lights or other laws. Also, due process rights under the Constitution are not a matter of applying for a SSN.

But I will let you make your argument and comment on it then.
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Re: Very Disturbing

Unread postby gnm » Mon 28 Apr 2008, 19:17:12

$this->bbcode_second_pass_quote('BigTex', 'I')ncome taxes are not a contractual matter. Most legal obligations imposed by the government are not contractual. You can no more "opt out" of income tax liabilities than you can opt out of speed limits, red lights or other laws. Also, due process rights under the Constitution are not a matter of applying for a SSN.

But I will let you make your argument and comment on it then.


Well I agree that most laws are not "opt out" but please explain then why tax court doesn't need to follow due process before seizure etc. You are guilty until proven innocent in tax court. In filing an income tax form you are REQUIRED to sign the form which can and will be used against you. In essence you cannot retain your rights against self incrimination - you are required to provide the very evidence which will be used against you.

-G
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Re: Very Disturbing

Unread postby smallpoxgirl » Mon 28 Apr 2008, 19:20:34

$this->bbcode_second_pass_quote('', 'S')PG, I need to find the form, but there is a way to do it which basically states that the employee is responsible for all applicable tax withholding - in short none if you have no SSN but lets employer off the hook.


I would be very interested to see that. Publication 15 says that I as an employer am responsible for collecting SSN's and assuring they are accurate before I issue w-2's.

$this->bbcode_second_pass_quote('gnm', 'r')elinquishes your constitutional rights to due process etc in regards to the contract (taxes).


It's not a contract. It's a governmental mandate. The government maintains the ability to tell you what to do:
1. Don't comit murder
2. Don't stockpile chemical weapons
3. Do pay income taxes

The statute is quite clear that it applies to the income of all individuals. Nowhere in the statute does it say "This tax applies to individuals with SSNs" or "this tax applies to individuals who file a form" or any of that. It says this tax applies to all types of income from all individuals.

$this->bbcode_second_pass_quote('', 'F')orm W-4, BTW.
Erm...yeah. w-4. :oops:

Which is here: http://www.irs.gov/pub/irs-pdf/fw4.pdf
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Re: Very Disturbing

Unread postby Ludi » Mon 28 Apr 2008, 19:26:41

gnm, if you are a freelancer or independent contractor, withholding is not taken from your pay, but you are still required to pay income tax. Many people starting out as freelancers believe they are not required to pay income tax because their "employer" does not withhold. Eventually they find out they're wrong, plus fines and interest.
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Re: Very Disturbing

Unread postby smallpoxgirl » Mon 28 Apr 2008, 19:28:37

$this->bbcode_second_pass_quote('gnm', 'W')ell I agree that most laws are not "opt out" but please explain then why tax court doesn't need to follow due process before seizure etc.


All forfeiture law is shady. It's based on very old admiralty law, which IMHO is grossly misapplied to the current day.
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Re: Very Disturbing

Unread postby BigTex » Mon 28 Apr 2008, 19:29:19

$this->bbcode_second_pass_quote('gnm', '')$this->bbcode_second_pass_quote('BigTex', 'I')ncome taxes are not a contractual matter. Most legal obligations imposed by the government are not contractual. You can no more "opt out" of income tax liabilities than you can opt out of speed limits, red lights or other laws. Also, due process rights under the Constitution are not a matter of applying for a SSN.

But I will let you make your argument and comment on it then.


Well I agree that most laws are not "opt out" but please explain then why tax court doesn't need to follow due process before seizure etc. You are guilty until proven innocent in tax court. In filing an income tax form you are REQUIRED to sign the form which can and will be used against you. In essence you cannot retain your rights against self incrimination - you are required to provide the very evidence which will be used against you.

-G


As a taxpayer you are free to litigate your claims in federal court, as opposed to tax court.

As for self-incrimination, you are reading the right too broadly. That's just not how it works. The purpose of signing a return is for you to certify that it is correct. If it is not correct, don't sign it.
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Re: Very Disturbing

Unread postby smallpoxgirl » Mon 28 Apr 2008, 20:43:16

$this->bbcode_second_pass_quote('Ludi', 'g')nm, if you are a freelancer or independent contractor, withholding is not taken from your pay, but you are still required to pay income tax


Not just that, but you're generally required to file quarterly estimated tax payments.

If you think that's bad, wait till you hire an employee. At this point, between myself and two part time employees I'm required to make 28 separate income tax payments each year and file 22 separate returns.
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Re: Very Disturbing

Unread postby americandream » Mon 28 Apr 2008, 20:57:05

As a tax lawyer, I have to say that Big Tex is correct. The die is cast as far as the nature of your system goes in terms of its constitutionality. Nothing short of systemic upheaval will bring the constitutional issues to the fore and that, my friends, will not be played out in a court room.
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Re: Very Disturbing

Unread postby wisconsin_cur » Mon 28 Apr 2008, 21:01:46

$this->bbcode_second_pass_quote('Ludi', 'g')nm, if you are a freelancer or independent contractor, withholding is not taken from your pay, but you are still required to pay income tax. Many people starting out as freelancers believe they are not required to pay income tax because their "employer" does not withhold. Eventually they find out they're wrong, plus fines and interest.


Same is true of pastors, at least in the free church tradition.
http://www.thenewfederalistpapers.com
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Re: Very Disturbing

Unread postby BigTex » Mon 28 Apr 2008, 22:46:36

$this->bbcode_second_pass_quote('smallpoxgirl', 'I')f you think that's bad, wait till you hire an employee. At this point, between myself and two part time employees I'm required to make 28 separate income tax payments each year and file 22 separate returns.


SPG, check out this service:

http://www.filetaxes.com/default.jsp

I have used them in the past and for what they charge it's well worth it. I think it's around $10 per form. I thought it was a good deal the last time I did 1099s.

There are other similar services. You might want to check it out.
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