A close
review of the Code and the regulations pertaining to the supplying of a
social security number will reveal that there is no law requiring an
individual to provide an employer with a social security number or a W-4
form. The most the employer is required to do is to request a social security number and W-4
form.
The Internal Revenue Code 6109(a)(3) states:
Any person
required under the authority of this title to make a return, statement or
other document with respect to another person shall request from such
other person, and shall include in any return, statement, or other
document, such identifying number as may be prescribed for securing proper
identification of such other person. 26 U.S.C. 6109(a)(3)
The
regulation interpreting section 26 CFR 301.6109-1(c) provides:
If he does
not know the taxpayer identifying number of the other person, he shall
request such a number of the other person. A request should state that the
identifying number is required to be furnished under authority of law.
When the person filing the return, statement, or other document does not
know the number of the other person, and has complied with the request
provision of this paragraph, he shall sign an affidavit on the transmittal
document forwarding such returns, statements, or other documents to the
Internal Revenue Service so stating. 26 CFR 301.6109-1(c)
If a document must be filed and the employer has been unable to obtain the
number but has made the request, then the employer needs only to
include an affidavit stating that the request was made.
The Internal
Revenue Code section 6723 states:
In the
case of a failure by any person to comply with a specified information
reporting requirement on or before the time prescribed therefore, such
person shall pay a penalty of $50 for each failure. 26 U.S.C.
6723. (In part.)
However,
Internal Revenue Code section 6724(a) provides for a waiver of any penalties
assessed under the Code upon a showing of reasonable cause. Section 6724(a)
provides:
No penalty
shall be imposed under this part with respect to any failure if it is
shown that such failure is due to reasonable cause and not to willful
neglect. 26 U.S.C. 6724(a).
Since the
Internal Revenue Code provides a waiver of any penalties for "any failure"
to obtain a social security number, it is not mandatory that the employer
obtain such a number or supply such a number to the Internal Revenue
Service. The fact that an individual will not sign a tax form or supply a
number after the employer has made the request, eliminates willful neglect
on the part of the employer.
Even under the Immigration Reform and Control Act, codified at 8 U.S.C.
1324a(b), documents other than a social security card can be used for
identification purposes; a birth certificate being one of them.
If you have signed a W-4 form with your current employer you have
admitted, under penalty of perjury, that you are liable for the
"income" tax. You have admitted that you are a "taxpayer". If you think you
can argue with old recycled schemes of not paying the tax, you are in for a
rude awakening. The IRS is a force to be reckoned with.
If you have been told that filing a "zero-return", or claiming "exempt" on
the W-4, along with other detax legends, are going to make you not liable
for or subject to the income tax or social security tax, you have been
deceived by people who are looking to make big money off of your well
intended search for the truth.
The truth is, you do not have to sign the W-4 and you do not have to give
your social security number to your employer. It is not mandatory to do
these things in order to live and work in the United States if you are a
citizen. Write to the Social Security Administration today and ask them "Is
a United States Citizen required to have a Social Security number to live
and work in the United States?" Their answer will astonish you. Their answer
is NO.
"A person
does not need a Social Security Number to live and work in the United
States and does not need a number just for the sake of having
one". Social Security Administration, Baltimore, Maryland
As a matter
of fact, the Official Social Security Website gives a list of agencies that
require the Social Security number and specifically says:
"If a
business or other enterprise asks you for your SSN, you can refuse to give
it." Official Website of the Social Security Administration
If you check
the Official Social Security Website (www.ssa.gov
) your see how they handle words to mislead. They mention laws, but
there are no "laws" in the Code, just statutes. These are technically public
policy. To be accurate, all that the quote from the site does is SUGGEST
that these are the rules. There is NO quotation from the statutory "code."
The terms, "employer" or "business", is on their list of agencies that
require the number. but they do not quote the statutory code.
Not all
businesses will accept a new employee without a social security number or a
signed W-4 form. Is it illegal for a business to refuse you service or
refuse to hire you because you do not wish to disclose your number or sign
the W-4 form? It certainly is.
Here are 3 important questions people have concerning their employers:
How can I work unless I give my employer the social security number he
requested and sign the W-4 form?
It is by filling out the W-4 form and disclosing your social security
number that makes every American citizen subject to and liable for the
income tax.
What if I have already signed the W-4 form?
You can revoke your signature and social security number from ever being
used by your current employer which will stop them from releasing your
information to a third party. The benefits are: You get 100% of your
paycheck. Remember, greed is wanting more than what is rightfully yours. If
a person makes $500 per week, they should be paid $500 per
week. This is not greed, this is a persons secured right.
Why haven't I heard of this before?
The truth is, millions of Americans are now realizing that a person is not
required to disclose their social security number it or sign the W-4 to work
in the United States if they are a United States citizen. They have been
persuaded otherwise by the schools, the media, war-time propaganda, even
cartoons. Now everyone simply ASSUMES it is so. Do not take anyone's word
for it. Most Congressmen, not all of them, are very willing to help if you
are looking to "opt-out" of the Social Security program. Write to your
congressman today and ask him how he can assist you to "opt- out" of the
Social Security program, you may be surprised at the answers you will get.
We, the
American people, need to wake up from the deep sleep we have been in and
realize that our very life is being drained from us every time we do not
question authority. It is one thing for someone to say what the law is,
but it is another thing to read and understand the law as it applies to each
individual. We all need to start thinking for
ourselves. Check it out for yourself.
