Fwd: Fw: No Social Security Number or Form W-4 Required ....
- No Social Security Number or Form W-4 Required ....
From: "We The People for Independent Texas" <wtpfit@...>
Date: Mon, 30 May 2005
Extracted from one of my letters used - December 11, 1997
NO SOCIAL SECURITY NUMBER REQUIRED.
The Internal Revenue Code section 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
26 US. C 6109(a) (3). (Emphasis added).
The regulation interpreting section 6109 provides:
If he does not know the taxpayer identifying number of the other person, he shall
request such 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) (In part, emphasis added).
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 therefor, such person shall
pay a penalty of $50 for each such 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
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). (Emphasis added).
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 you obtain such number
or supply such number to the Internal Revenue Service. The fact that an individual
will not sign a tax form or supply a number after you have made the request,
eliminates willful neglect on your part.
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.
NO FORM W-4 IS REQUIRED.
Just like the request for a social security number (or "taxpayer" identifying number),
the Internal Revenue Code merely requires that the employer request a Form W-4
(or withholding exemption certificate) from each employee. The Code instructs that
in the event the employee does not furnish such certificate, such employee shall be
considered as a single person. Note that the Internal Revenue Code only relates to
those persons who are subject to (liable for) a revenue tax.
See Economy Plumbing and Heating Co. v. United States, 470 F.2d 585, cited
Just like the social security number, you will also see that there is no absolute
requirement for withholding exemption certificates or withholding allowance
certificates (such as Form W-4) required to be signed by an individual in order for
him or her to obtain a job. You will see that such forms apply only to individuals
who are claiming some sort of statutorily authorized allowance or exemption.
The Internal Revenue Code provides:
On or before the date of the commencement of employment with an employer, the
employee shall furnish the employer with a signed withholding exemption certificate
relating to the number of exemptions which he claims, which shall in no event
exceed the number to which he is entitled.
26 U S C 3402(l)(2)(A). (Emphasis added).
Here, the language is clear. Such a form is required only in the event some sort of
exemption is claimed. Please be advised that I make no claim at all . I do not claim
"exempt", I do not claim "zero" and I do not claim any other number of
exemptions. I simply make no claim at all. I submit that you will find no law
requiring an individual to complete such certificate if such individual makes no
claim. It goes without saying that an individual cannot be forced to claim a "benefit"
or be forced to sign a government form which is not absolutely required by law in
order to contract for a job.
Furthermore, the regulation issued pursuant to 26 U S C. 3402(f)(2)(A) states that
an employer is only required to request a "withholding exemption certificate" and
tells you precisely what to do in the event you are not furnished such certificate. �
��On commencement of employment. . . . . . The employer is required to request a
withholding exemption certificate from each employee, but if the employee fails to
furnish such certificate, such employee shall be considered as a single person
claiming no withholding exemptions.
26 CFR 31.3402(f)(2)-l(a). (In part, emphasis added).
Summarizing all of the above, it is clear that the statutes and regulations issued
pursuant to the statutes do not provide you with any protection for refusing to hire
an individual or for dismissing an individual simply because the individual has not
supplied a social security number or signed tax forms.
- I would like to know how to get a job in the US, without having to
submit a SS # or a W-4 despite what the law says. I have tried and
have failed. Yes... I could have filed a lawsuit, but that isn't the
point. So.... anyone have success in this, other than through a third
- I would think the IRS would be just overjoyed at having as many people as
possible not sign a W4 form so the employer can withhold at the rate for
single with no exemptions. The IRS then gets the maximum amount of money
and will probably not have to give any of it back as a refund because most
people who won't sign a W4 probably won't file a tax return.
Does anyone out there know how one who gets the IRS to stop trying to
collect with methods such as Dave Miner's IMF corrections, or any other
method, gets to not have withholding or a way to get the money back without
filing a return?
----- Original Message -----
From: "eugene baudin" <elbaudin@...>
Sent: Tuesday, May 31, 2005 10:55 PM
Subject: [tips_and_tricks] Fwd: Fw: No Social Security Number or Form W-4
> No Social Security Number or Form W-4 Required ....
> From: "We The People for Independent Texas" <wtpfit@...>
> Date: Mon, 30 May 2005
> Extracted from one of my letters used - December 11, 1997
> NO SOCIAL SECURITY NUMBER REQUIRED.
- On Jun 1, 2005, at 12:50 PM, dstein4 wrote:
> I would like to know how to get a job in the US, without having toAsk the Mexican consulate. They publish a booklet for illegal aliens
> submit a SS # or a W-4 despite what the law says. I have tried and
> have failed. Yes... I could have filed a lawsuit, but that isn't the
> point. So.... anyone have success in this, other than through a third
that might be a help. It's worked for millions!