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Re: [tips_and_tricks] Terminating withholding without being terminated

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  • Larry Milby
    You might try asking for the complete withholding form. Normally what a employer gives us to fill out is only the front or first page of a 3 page document.
    Message 1 of 8 , Nov 27, 2011


      You might try asking for the complete "withholding form."  Normally what a employer gives us to fill out is only the front or first page of a 3 page document.   Feel out the form without putting down any dependants.  Don't even court yourself as a defendant, don't lie and claim 9 or 99.  Don't put down the first "number" not even a "0" for a "0" is a number.  It means you have 0 dependants, and the fact that you could or could not have dependants is and of itself serving a legal function.  SO all I do for the dependant numbering is place a simple left to right line or mark to signify I read it and placed nothing.  Then in the part where it states, "if you paid no taxes for the last year etc" you can go exempt and you go exempt write EXEMPT on this line, or something like that.
       
      If the questions ask if you are US citizen etc and you are to check one, check or other if offered, and if not write in your status, keep it simple.  American Citizen, Christian Citizen, Muslim, Catholic, Native American, etc.
       
      Complete the other pages to this withholding as best you can and as honest as you can.  Do not skip over any questions.  Always write something if only a line through it or NA. 
       
      It will ask if you have ever made a "religious voil?"  Check YES or answer YES
       
      Avoid waving any RED flags pointing out that you are a patriot or tax protestor etc.  Keep the document clean and to the point, you are not in a court room or inquisition.  You are applying for a job that you obviously want.
       
      Don't be alarmed if the IRS responds to the withholding form.  In most cases they do but not always..  They may respond by sending you another complete form to complete just to double check on your filing status.  Complete the additional form the same way.  If they only send you a letter, it usually states, We find that your EXEMPT status is correct, should your status change please notify us of the change.... Larry

    • Cliff Bass
      Not to be argumentative, but maybe instead of exempt a man or woman might write except ed 26 USC 3401(a)(8)(A)(I): HEADSec. 3401. Definitions -STATUTE- (a)
      Message 2 of 8 , Nov 28, 2011
        Not to be argumentative, but maybe instead of "exempt" a man or woman might write "except"ed 26 USC 3401(a)(8)(A)(I):


        HEADSec.
        3401. Definitions
        -STATUTE-
        (a) Wages
        For purposes of this chapter, the term ''wages'' means all
        remuneration (other than fees paid to a public official) for
        services performed by an employee for his employer, including the
        cash value of all remuneration (including benefits) paid in any
        medium other than cash; except that such term shall not include
        remuneration paid -

        (8)(A) for services for an employer (other than the United
        States or any agency thereof) -
        (i) performed by a citizen of the United States if, at the
        time of the payment of such remuneration, it is reasonable to
        believe that such remuneration will be excluded from gross
        income under section 911;

        Congress does clearly say "except" and not "exempt".  Wonder why?

        Maybe it has something to do with the Congress' defined employer and employee?


        (c) Employee
        For purposes of this chapter, the term ''employee'' includes an
        officer, employee, or elected official of the United States, a
        State, or any political subdivision thereof, or the District of
        Columbia, or any agency or instrumentality of any one or more of
        the foregoing. The term ''employee'' also includes an officer of a
        corporation.
        (d) Employer
        For purposes of this chapter, the term ''employer'' means the
        person for whom an individual performs or performed any service, of
        whatever nature, as the employee of such person, except that -
        (1) if the person for whom the individual performs or performed
        the services does not have control of the payment of the wages
        for such services, the term ''employer'' (except for purposes of
        subsection (a)) means the person having control of the payment of
        such wages, and
        (2) in the case of a person paying wages on behalf of a
        nonresident alien individual, foreign partnership, or foreign
        corporation, not engaged in trade or business within the United
        States, the term ''employer'' (except for purposes of subsection
        (a)) means such person.
      • M Car
        I have always used the word EXCEPTION on the withholding form. As far as getting your employer to honor it show him a copy of U.S.v Malinowski 347 F. Supp 347
        Message 3 of 8 , Nov 29, 2011
          I have always used the word EXCEPTION on the withholding form. As far as getting your employer to honor it show him a copy of U.S.v Malinowski 347 F. Supp 347 at 352. (1972)  "The employer is not authorized to alter the form or to dishonor the employee's claim" .
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