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Old 07-16-2005, 01:07 PM
StarTet StarTet is offline
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W-4 and the need to fill one out?

Hello All:

Soon I may have a job and in the time that I was unemployed I read somewhere that it is a myth that all employees had to fill out a w-4 at the start of their employment.

I have been reading also that some people have been able to avoid paying taxes such as SS withhodldings and other withholdings.

I am still considered a US CITIZEN as I have all the usual licenses etc. But first things first.
1) Am I required to fillout a W-4?
2) What do I tell my new employers if they say I must?
3) What kind of exposure am I putting myself in for doing this?
4) Would outside sales qualify as a job that is required to pay income tax or file a 1040? Or is that tecniquely "non-taxable" income according to Henrickson and others?
5) Can a person with my citizenship status use the kinds of questioning that Marc Stevens does with the IRS? He seems to say things and the IRS just goes away.
6) What do I need to know fast to get knowlegeable before I have to fill out a W-4? Recommendations?

I may have to make a decison as early as Tuesday and if I can get the new job to accept that I don't want to contribute a W-4 without making a bad first impression I might have some time to read and study until tax time.

I just don't think I need to pay taxes and it seems to me that all these people would not keep trying to do the same if there wasn't a way that worked. I 'm tryng to save that extra 25% that is going to be deducted from my paycheck.

If any readers could help me out with answers to the above questions I would appreciate it. In fact, if you respond could you mention how you deal with YOUR tax issues?

But please know I am not an acountant and knowlegeable about terms and law so try and keep that in mind to that I can understand.

Thanks everyone,

StarTet
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  #2  
Old 07-16-2005, 01:49 PM
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weishaupt1776 weishaupt1776 is offline
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http://forum.suijuris.net/showthread...highlight=6109

http://forum.suijuris.net/showpost.p...4&postcount=10
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Old 07-17-2005, 02:03 PM
StarTet StarTet is offline
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I'm still not clear on how to proceed.

Dear Weis and All:

Thanks for the reply. From the threads you posted, it appears that rhexis, in filing 'exempt' is only going to be approached later and be in a world of hurt.

The others' posts in that thread did state regulations that seem to indicate that no SS# or W-4 is required. However, it appears there are other posts indicating that one must comply with the employer in reporting such information.

From this thread I would surmise that filing 'exempt' is NOT the way to go. Neither would refusing to provide a W-4 as this would only result in the max deductions being taken from my paychecks.

I did visit www.losthorizons.com and did start to read the releveant section in Cracking the Code, a book I have but have not read yet.

If I m not mistaken, he (or his website) seems to be advocating that we fill out a W-4 but provide it to our employer with a notarized 'Qualifying Declaration' that states that only 'wages' as defined by IRC 3401 can be withheld and futher you are declaring that you are not a federal employee subject to withholding.

My understanding is that this is to show later on that we attempted to do something to correct the mis-characterization of our 'wages' as being the same as those of federal employees. Then later, when we are given our W-2 by our employer, we are to file our 1040 with a Form 4852 that seeks correction to the W-2. There is a line 9 on this form that asks us to describe what actions we have taken to correct the the mis-characterization of wages and we are to state what action we have taken.

All this is done apparently so that we have remedies available to us later. But by not objecting or showing that you did anything to correct this mis-characterization of your wages as 'wages' ('wages' defined as that renumeration paid to a federal 'employee' as opposed to a non-federal employee), these remedides are lost. From reading www.losthorizons.com, it looks as though many people file a Form 4852 with their 1040 and do get full refunds of all withholdings.

This is all my understanding and I could be mistaken.

However, this essentially means that throughout the year, one will have withholdings taken from each paycheck. I am still confused about how one can legally begin employment without subsequent paychecks being pinched for various withholdings. I also live in Kalifornia and I hear the FTB makes the IRS looks like their little brother.

Does anyone have experience in regards to my situation?

All the best,

StarTet
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Old 07-17-2005, 02:30 PM
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KaosTheory KaosTheory is offline
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I was talking to Marc Stevens who wrote "Adventures in Legal Land" and he has had experience with the FTB and agrees that they are worse than the IRS.
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  #5  
Old 07-18-2005, 12:36 PM
StarTet StarTet is offline
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Hello Everyone:

So far all I can conclude is that I will have to file normally (like a slave) and use Form 4852 in lieu of a W-2 next Spring.

Q: What would happen if my employer decided to cooperate and not have me fill out a w-4? If a business owner was knowledgeable about this, what could he do, not require his employees to fill a W-4 out? If so, would the IRS even know he existed as an employee subject to taxation? In other words, would I even need to file?; as no W-4 would imply no W-2 being generated and thus no need to file a 1040.

Or am I being totally naive here.....Hey! I'm just "waking up".

StarTet
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  #6  
Old 07-18-2005, 02:39 PM
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scottinalaska scottinalaska is offline
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Startet,
You are starting to get the picture. If the employer sends nothing in, the IRS has no reason to chase you down because they'll have no paper trail beyond perhaps a bank account or large purchases you might make that have to be reported because you might be a terrorist or whatever.
But alas, most, if not ALL employers think they are employed by the IRS as withholding agents and love to do it gratis.
Part of you getting hired was obviously not contingent on giving them your SS number. But on a W4 form, you need to give it.
Likely you aren't signing up for a benefit because you feel you can handle your retirement on your own. The W4 form is basically a paper authorizing deductions so that you are compelled to receive the benefit of Social Security. (why do they want your number?)
You "could" tell them that you are taking care of your own retirement and are not enrolled in SS. Hey, you can't compel a benefit on someone if they don't want it, no matter how glorious it is!
If the employer can rub a couple brain cells together, he'll realize he'll save more than 8 percent of your paycheck on you since he won't have to do "payroll" for you or send in "his half" of your retirement!
That is a benefit I'd entertain as an employer.
BTW, the penalty, if one came, and it is right on SS.gov website, is a 50 dollar penalty for not getting the SS number for a W2 that is NOT going to exist.
Some employers swear jail time is next if they don't fill it out.
scottinalaska
Oh, you can always put in 9 dependents and keep more of your paycheck until you can talk some sense in there!
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  #7  
Old 07-18-2005, 03:57 PM
Tommygun
 
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Quote:
Originally Posted by StarTet
Hello Everyone:

So far all I can conclude is that I will have to file normally (like a slave) and use Form 4852 in lieu of a W-2 next Spring.

Q: What would happen if my employer decided to cooperate and not have me fill out a w-4? If a business owner was knowledgeable about this, what could he do, not require his employees to fill a W-4 out? If so, would the IRS even know he existed as an employee subject to taxation? In other words, would I even need to file?; as no W-4 would imply no W-2 being generated and thus no need to file a 1040.

Or am I being totally naive here.....Hey! I'm just "waking up".

StarTet

No, you're not being naive.

And you're not a "slave" either just by filing out your w-4. Slaves are stolen from their families, beaten, branded, starved and forced into back-breaking manual servitude until they die and then get thrown into an un-marked grave or fed to the hogs.

You my friend, are just a plain old American citizen, that's all.

The income tax is dying a slow death on its own anyway. Socialist Security is a "dead man walking" also. And at this point fighting either system head-on or attempting to drop out is only going to get you some VERY un-wanted attention. As of now, you see, those trains are still running...and there's no sense throwing yourself on the tracks just to save a few bucks or even worse...to prove a point.

Its not very romantic, and you won't feel as if your in on something "underground", but if you must protest...do it above board (call your Congressman and complain, or run for office yourself someday) and in the meantime just play ball.

This type of advice is about as exiting and romantic as white bread, but at least you won't wind up as toast...or dirt poor from working menial jobs just to "stay under the radar".

You asked for opinions, and I gave you mine.

Yours truly,
Former Tax Protestor With Felony Conviction and +$200,000 in penalties and interest.

Last edited by Tommygun : 07-19-2005 at 04:06 AM.
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  #8  
Old 07-19-2005, 04:24 PM
Hopper
 
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Quote:
Originally Posted by StarTet

If I m not mistaken, he (or his website) seems to be advocating that we fill out a W-4 but provide it to our employer with a notarized 'Qualifying Declaration' that states that only 'wages' as defined by IRC 3401 can be withheld and futher you are declaring that you are not a federal employee subject to withholding.

The theory that, according to IRC 3401, only federal employees earn "wages" and thus are subject to withholding is nothing but tax protester garbage that very liberally eschews the meaning of that code section. I would strongly advise you not to take this advice. Rather, figure your annual income and estimate how many exemptions you can take so that not too much is withheld, I usually claim one more exemption than I have and then look at the situation after I have gotten 3 or 4 paychecks.

You may not like withholding, but is it worth dealing with the IRS, paying penalties, losing your job, or going to jail in order to weasel your way out of it? As far as FICA taxes are concerned, the SSA has zero tolerance for people or employers who screw around with FICA withholding - if you think the IRS is bad, there is no better way to get a rubber glove where you don't want it than to screw with FICA withholding. I have lost a tax client to the SSA in that manner, and it didn't take them long to jump in.
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  #9  
Old 07-23-2005, 11:44 AM
StarTet StarTet is offline
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learning about W-4s and taxes

Thank you hopper, scottinalaska and TommyGun for your replies.

Hopper:"The theory that, according to IRC 3401, only federal employees earn "wages" and thus are subject to withholding is nothing but tax protester garbage"

With all due respect hopper, one reason I lurk here and occasionally post is because there is a wealth of information that I never knew existed. I was once a brainwashed automaton of the syestem like everyone else. But this website is for people who in their own way are fighting back and no longer able to be apathetic or resigned to the abuse and control and fraud they see happening all around them.

If taxation issues were all a scam and part of tax protester garbage, then they would go away and not even be included as a topic on this board. But it appears there are people here at sui juris who are sucessfully implementing their rights and knowledge of taxation to avoid payiong more than they should, if at all.

I decided a while back that with what I was learning about our hidden legal, financial,political and banking history that if I just read about it and went to sleep, this information dies. At some point I felt I had to be responsible to either use this information to my advantage, or share it with others so they could wake up out of the matrix as well. If enough people do that......?

I did not get much useful response to the questions I asked at the start of my thread but I did make a vist to www.losthorizons.com a website of Pete Hendrickson, author of "Cracking the Code". If you go there, you will see that many many people are showing proof that they are getting their tax withholding back from the government by using the procedure that P. Hendrickson advocates. Proof: they post their tax returns, their Form 4852 and the letter that they recieve from the IRS. Finally they post their pictures of the refund checks that match the amount of withholdings that were taken out of their checks throughout the year. I joined the group (email) for my state to trade information.

hopper, it looks that there might be something to this. I have already corresponded with one guy who just recieved a refund check from a past tax return (2001) from the state!

But I dont just want to roll over any more and assume the position. As with anything on this board and on the internet, one must do their due diligece to separate the wheat from the chaff, and so I watch the progress of many here at sui juris without their knowing it to see how they fare.

Tommy Gun: "either system head-on or attempting to drop out is only going to get you some VERY un-wanted attention. As of now, you see, those trains are still running...and there's no sense throwing yourself on the tracks just to save a few bucks or even worse...to prove a point."

TommyG, at this point I have not done anything regarding my W-4 because I haven't filled it out yet. That comes this week some time. Because I am not as knowledgeable as others on this website and due to time constraints, I will not be able to act as would have liked, getting a more thourough understanding of tax/legal/finanacial terms.

But since the CTC book seems to advocate an "above board" approach that uses the IRS's own code, it appears that they are only asking all parties to be law-abiding. That is their whole philosophy over there. No protester attitude or jargon. The only thing is that it appears that one must have withholding taken out during the year and then use a form to claim that the employer mischaracterized them as IRS defined 'wages' and thus 'taxable income'. That does not appear to be "taking on the system head-on" to me.

As for "dropping out", I do not know enough about dropping out to even attempt it. I have met some who have and they have even met with the IRS when they came calling and with just a conversation the IRS left and they have had no further problems. If I ever find out what they did or said I will let you and the forum know.

scottinalaska: truthfully, I do not feel comfortable telling my new employer that I refuse to fill out a W-4. Of course, I will ask and I'll receive the standard answer, "You have to". I asked this question about having the employer cooperate because my intent was to avoid having any withholdings taken out at all from my check. I see now it is not easily accomplished and it raises a lot of other questions with it.

Questions like how I can verify my income when aplying for certain programs like reduced income utility rates. But what about a home loan or other applications where they need to see proof of income? Techniquely, I would not have it because there would be no tax return if there were no W-4, W-2 .

As a new employee, the small office where I will work has been very helpful and friendly to me. I feel uncomfortable telling them that that "I dont have to pay income tax. Wages as defined by the IRS are only for federal employees, not the common man, I'm not filling out a W-4 for that reason, etc." I really don't know how to handle that one.

So I think I'll follow your advice and take the 9 allowances and use the "Cracking the Code" method to reclaim my withholdings at the end of the year.

However, if any body knows a way that I can still avoid withholdings deducted at the source, let me know. And keep your coments coming, for or against. It's how I learn.

Regards to all,

Phil
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  #10  
Old 07-23-2005, 12:32 PM
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BOBT12 BOBT12 is offline
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Thumbs up I Wish You Well

StarTet,

I am happy to see you make your own decision, please let us know how it develops.
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