Posted on 09/18/2011 11:23:18 AM PDT by Razzz42
A UCC lien for $14,300,000,000,000 (about the same amount as the national debt) filed on 8/12/11 with the Maryland Secretary of State naming the Maryland Comptroller as an additional debtor. Something tells me other states have similar filings...
(Excerpt) Read more at hypertiger.blogspot.com ...
veeery interesting...
the IRS files a lien against the federal reserve...
I don’t get the comments at the site. the IRS cannot seize what isn’t owned by the federal reserve bank. The federal reserve bank does not own any US federal land.
365 days x 100,000,000 per day = $3,650,000,000 per year...
When did a Uniform Commerical Code filing become a Notice of Federal Tax Lien?
Maybe they are trying a back door approach to the 10th amendment and states rights (basically there own sovereignty). The states do get funds from the Fed every year ranging from transportation, public work projects, education, and other things. One could make the case that they owe the government the money back. If they cannot pay then the Fed. starts to exercise the liens. Twisted logic to be sure, but I do know that these statist want to rid themselves the problem of 50 different elected governments, which prove to be a real pain for them when they haven’t inflicted enough damage since the people will invariable try to undo what damage has been done just out of self-preservation. That works against them, but if they have a way to get their tangled roots into each state at the government level where they can dictate spending then they could also be able to control what laws are passed regardless of what the people want. Once that happens then they could start to completely shred the state constitutions little by little or quickly as the times dictate. Remember when you are in debt to someone they really do “own” you so to speak.
there = their
365 Days X $100,000,000 per day = $36,500,000,000 per year
365 Days X $100,000,000 per day = $36,500,000,000 per year
You can file a lien on someone's house for missing your birthday. It doesn't mean it will ever be enforced in court.
Is it the Fed? The Fed is not “the US”. Pretty strange.
PLUS INTEREST...........
A lien on the US by the IRS can be collected directly from citizens thru the future function of the Consumer Financial “Protection” Bureau, which will integrate all financial accounts of citizens with the IRS. This will be started when a Director is appointed by the Senate, and the integration of many executive branch functions are integrated and cross-functioned by the CFPB.
The population can be considered to have been placed in a disguised form of citizen RECEIVERSHIP for its own “protection”, for the purpose of its complete data analysis (no privacy), coming transactional taxes, debt service and even international tax collection (climate, etc), collateralization for securitizataion of the labor force of the US as can be applied to credit derivative debt service, etc. Mind boggling.
Using High Frequency data collection algorhythms at the micro level, the instant financial pulse of the nation and every citizen can be instantly had.
With a lien on the US, the IRS will become the first instantaneous, all-controlling director of one’s formerly private financial existence.
Spread this information to everyone you know..
Defects in Ratification of the 16th Amendment
“If you...examined [The 16th Amendment] carefully, you would find that a sufficient number of states never ratified that amendment.” - U.S. District Court Judge James C. Fox 2003.
What the IRS website and the Government in general refuse to recognize is that the Sixteenth Amendment to the Constitution of the United States was never ratified by a majority of the States. Only two or less States properly ratified the proposed Amendment. In February 1913 Secretary of State Knox falsely declared the 16th Amendment ratified and the government has been unlawfully demanding taxes ever since.
The 16th Amendment allegedly entitled the government to collect uneven taxes. The U.S. Constitution does not preclude taxation it dictates that tax be uniform for everyone, except Indians, and apportioned equally across all the States:
Article I, Section 2: “..Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.”
The 16th Amendment is claimed by the federal government in the federal territory of Washington, D.C. to authorize their private collection company, the IRS, to collect “income tax”. However if the 16th was not properly ratified the IRS has no legal authority to collect tax. The same applies to local County and State tax collectors who are also bound by the U.S. Constitution.
After an exhaustive year long search of legislative records in 48 sovereign States conducted by Bill Benson, (Alaska & Hawaii were not admitted into the Union until after 1913). the only record of the 16th Amendment ever having been confirmed was a fraudulent proclamation made by the Secretary of State Philander Knox on February 25, 1913, wherein he simply declared it to be “in effect”, but never stated that it was lawfully ratified. Bill Benson’s has an excellent website, support him: The Law That Never Was
Even if the 16th Amendment were properly ratified, according to Article 1, Section 9 of the Constitution, it has always been unconstitutional for the U.S. Federal Government to directly tax “We the People” in their property, wages, salaries, or earnings. U.S. Supreme Court Judges repeatedly rejected any claims that the 16th Amendment changed the constitutional limits on direct taxes: Brushaber v. Union Pacific R.R. Co., 240 U.S. 1, The Supreme Court ruled that the 16th “created no new power of taxation” and that it “did not change the constitutional limitations which forbid any direct taxation of individuals”. This and other similar cases have never been overturned.
An argument often made by judges attempting to ignore the fact of the failure to ratify the 16th, is that precedence under Common Law now exists because the IRS has been mugging the public for so long and this somehow legalizes the IRS and the local County Tax collector. However, the U.S. Constitution is higher law than the precedence of Common Law, which in itself represents the will of the people and not the will of the government. Article I, Section 2 of the Constitution dictates that the IRS and the local County Tax collector are collecting tax unlawfully.
Bill Benson’s exhaustive investigation of the history of the 16th Amendment revealed the following defects and prove the 16th horribly failed to receive the necessary three-fourths of the States approval. To have been ratified 36 of the 48 States would have had to properly ratify the 16th Amendment. Naturally for something as significant as the U.S. Constitution, ratification of an Amendment is extremely important and serious, typos, spelling and anything that is not an exact copy of the Amendment is utterly unacceptable, this is no pre-school project.
Record of Failed Ratification of 16th Amendment As Recorded By Secretary Of State SEE:
KEY:
01- Not ratified by state legislature, and so reported
02- Not ratified by state legislature, but reported as ratified
03- Missing or incomplete evidence of ratification, but reported as ratified
04- Failure of Governor or other official to sign, although required by State Constitution
05- Other violation of State Constitution in ratification process
06- Other procedural irregularity making ratification doubtful
07- Approval, but with change in wording, accepted as ratification of original version
08- Approval, but with change in spelling, accepted as ratification of original version
09- Approval, but with change in capitalization, accepted as ratification of original version
10- Approval, but with change in punctuation, accepted as ratification of original version
State 01 02 03 04 05 06 07 08 09 10
Alabama 1 1 1
Arizona 1 1 1 1
Arkansas 1 1 1 1 1
California 1 1 1 1 1
Colorado 1 1 1 1
Connecticut 1
Delaware 1
Florida 1
Georgia 1 1 1
1 1
Idaho 1 1 1 1 1 1
Illinois 1 1 1
Indiana 1 1 1
Iowa 1 1 1
Kansas 1 1
Kentucky 1
1 1 1 1 1 1
Louisiana 1 1 1 1
Maine 1 1
Maryland 1 1 1
Massachusetts 1 1 1 1
Michigan 1 1 1 1 1
Minnesota 1 1
Mississippi 1 1 1 1 1 1
Missouri 1 1 1 1 1
Montana 1 1 1 1
Nebraska 1 1
Nevada 1 1 1
New Hampshire 1
New Jersey 1 1 1
New Mexico 1 1
New York 1 1 1
North Carolina 1 1
North Dakota 1 1
Ohio 1 1
Oklahoma 1 1 1
Oregon 1 1
Pennsylvania 1
Rhode Island 1
South Carolina 1 1 1 1
South Dakota 1 1 1 1 1
Tennessee 1 1 1 1 1
Texas 1 1 1 1 1 1
Utah 1
Vermont 1 1 1 1 1
Virginia 1
Washington 1 1 1 1 1
West Virginia 1 1 1
Wisconsin 1 1 1
Wyoming 1 1 1 1 1 1
Total 7 3 9 6 25 29 22 1 31 27
Additional 7 3 7 5 16 6 2 0 2 0
Ratification Failures Accumulated 7 10 17 22 38 44 46 46 48 48
KEY 01 02 03 04 05 06 07 08 09 10
KEY:
01- Not ratified by state legislature, and so reported
02- Not ratified by state legislature, but reported as ratified
03- Missing or incomplete evidence of ratification, but reported as ratified
04- Failure of Governor or other official to sign, although required by State Constitution
05- Other violation of State Constitution in ratification process
06- Other procedural irregularity making ratification doubtful
07- Approval, but with change in wording, accepted as ratification of original version
08- Approval, but with change in spelling, accepted as ratification of original version
09- Approval, but with change in capitalization, accepted as ratification of original version
10- Approval, but with change in punctuation, accepted as ratification of original version
In the above table, the line “Additional” are the number of States for which that defect is in addition to previously indicated defects, and “Ratification Failures Accumulated” is a running total of States with defects, from Defect 01 through 10.
Since 36 states were required to ratify, the failure of 13 to ratify would be fatal to the amendment, and this occurs within the first three defects, arguably the most serious. Even if we were to ignore defects of spelling, capitalization, and punctuation, we would still have only two states which successfully ratified.
Note that in the above we are counting Ohio as a State, even though it was not admitted into the Union until 1953 (retroactively, which is expost facto, and unconstitutional). We are not counting the failure to designate the Income Tax Amendment as the “XVII” amendment, since there was arguably a 13th Amendment that was ratified but which is not published in official copies of the Constitution with Amendments, and the number is not necessarily part of the amendment (It wasn’t part of the first 10.).
The authority usually cited for the criticality of ratification without errors of spelling, capitalization, or punctuation, is from DOCUMENT NO. 97-120, of the 97TH CONGRESS, 1st Session, entitled How Our Laws Are Made, written by Edward F. Willett, Jr. Esq., Law Revision Counsel of the United States House of Representatives, in which the comparable exactitude in which bills must be concurred under federal legislative rules is detailed:
. Each amendment must be inserted in precisely the proper place in the bill, with the spelling and punctuation exactly the same as it was adopted by the House. Obviously, it is extremely important that the Senate receive a copy of the bill in the precise form in which it passed the House. The preparation of such a copy is the function of the enrolling clerk. (at 34) (emphasis added)
When the bill has been agreed to in identical form by both bodies - either without amendment by the Senate, or by House concurrence in the Senate amendments, or by agreement in both bodies to the conference report - a copy of the bill is enrolled for presentation to the President.
The preparation of the enrolled bill is a painstaking and important task since it must reflect precisely the effect of all amendments, either by deletion, substitution, or addition, agreed to by both bodies. The enrolling clerk ... must prepare meticulously the final form of the bill, as it was agreed to by both Houses, for presentation to the President.... each (amendment) must be set out in the enrollment exactly as agreed to, and all punctuation must be in accord with the action taken. (at 45) (emphasis added)
In his report on the failure of ratifications of the Income Tax Amendment to then Secretary of State Philander Knox, the Solicitor of the Department of State recognized and acknowledged the defects of ratification. Knox failed to demand mandatory corrective action by the States.
Knox had plenty of clues to the problems in the ratifications, sufficient to justify that he inquire into the matter further and demand corrective action by the States. Because he failed to do so means that we now have adopted and enforced legislation for more than 80 years that is plainly unconstitutional, requiring not only that it be repealed, but that all the funds collected be refunded.
The 16th is not ratified, has not been ratified and is not law.
Even if the 16th Amendment were properly ratified, according to Article 1, Section 9 of the Constitution, it has always been unconstitutional for the U.S. Federal Government to directly tax We the People in their property, wages, salaries, or earnings. The U.S. Supreme Court rejected any claims that the 16th Amendment changed the constitutional limits on direct taxes in Brushaber v. Union Pacific R.R. Co., 240 U.S. 1, and ruled that the 16th “created no new power of taxation” and that it “did not change the constitutional limitations which forbid any direct taxation of individuals”.
By law the entities that have unlawfully taken money from individuals and corporations must return that money, the money has in effect been stolen.
Either the U.S. is a nation of laws or it is a lawless nation. And if the latter is the case then why pay a corrupt and criminal government? In such a case should not one take up 2nd Amendment arms and defend the right to freedom just as the Founding Fathers did?
see Bill Benson’s site: http://www.thelawthatneverwas.com/new/ratification.asp
See Also: IRS Suffering Repeated Defeats
The IRS website at http://www.irs.gov/irs/article/0,,id=149200,00.html lists a Brief History of IRS:
Origin (As reported on the IRS Website)
The roots of IRS go back to the Civil War when President Lincoln and Congress, in 1862, created the position of commissioner of Internal Revenue and enacted an income tax to pay war expenses. The income tax was repealed 10 years later. Congress revived the income tax in 1894, but the Supreme Court ruled it unconstitutional the following year.
16th Amendment (As reported on the IRS Website)
In 1913, Wyoming ratified the 16th Amendment, providing the three-quarter majority of states necessary to amend the Constitution. The 16th Amendment gave Congress the authority to enact an income tax. That same year, the first Form 1040 appeared after Congress levied a 1 percent tax on net personal incomes above $3,000 with a 6 percent surtax on incomes of more than $500,000.
In 1918, during World War I, the top rate of the income tax rose to 77 percent to help finance the war effort. It dropped sharply in the post-war years, down to 24 percent in 1929, and rose again during the Depression. During World War II, Congress introduced payroll withholding and quarterly tax payments.
A New Name (As reported on the IRS Website)
In the 50s, the agency was reorganized to replace a patronage system with career, professional employees. The Bureau of Internal Revenue name was changed to the Internal Revenue Service. Only the IRS commissioner and chief counsel are selected by the president and confirmed by the Senate.
Todays IRS Organization (As reported on the IRS Website)
The IRS Restructuring and Reform Act of 1998 prompted the most comprehensive reorganization and modernization of IRS in nearly half a century. The IRS reorganized itself to closely resemble the private sector model of organizing around customers with similar needs.
The IRS Code says that compliance to their tax is “voluntary” - 26 CFR Ch. 1(4-2-03 Edition)
“Your income tax is a 100% voluntary tax, and your liquor tax is a 100% enforced tax. The situation is as different as night and day.” - Dwight E. Avis. Head of Alcohol and Tobacco Tax Division. Bureau of Internal Revenue.
“The only difference between a tax man and a taxidermist is that the taxidermist leaves the skin.” - Mark Twain
“I am a most unhappy man. I have unwittingly ruined my country. A great industrial nation is now controlled by its system of credit. We are no longer a government by free opinion, no longer a government by conviction and the voter of the majority, but a government by the opinion and duress of a small group of dominant men.” President Woodrow Wilson 1919.
“People have been brainwashed. People have been told that you need this income tax system to fund government, which is absolutely ridiculous. My question is that if that is true, then how did we fund government from 1776 to 1913” - Peter Gibbons, Tax Attorney
Paying for schools? As foolish as it is to allow the government to educate your kids (separation of State and School is vastly more important than separation of Church and State), property tax pays form the great majority of schools.
Paying for highways? Tax you pay at the gas pump for gasoline pays for the highways.
The amount of money the government spends on the military, in violation of U.S. Constitution, Article. I., Section 8. Clause 12, always mysteriously equals what the government collects from corporate tax.
“The main purpose of the income tax is not to raise revenue, but to redistribute wealth and control society.” -”It’s actually very simple. Congress tried to enact an income tax in 1894. The Supreme Court said that was unconstitutional. If the Supreme Court says something is unconstitutional it’s un-unconstitutional. They tried again in 1913 and the Supreme Court said “The 16th Amendment conferred no new power of taxation”. So if they didn’t have it then, and they didn’t get it. They don’t have it. There is no constitutional basis for tax on the wages of Americans living and working in the fifty States of the Union. Period. End of argument.” - G. Edward Griffin. Author, Creature From Jekyll Island.
“In substance, the [Supreme] Court holds that the Sixteenth Amendment did not empower the Federal Government to levy a new tax.” - New York Times, January 25, 1916
President Ronald Reagan’s Blue Ribbon Panel Grace Commission setup to investigate income tax reported: “100% of what is collected is absorbed solely on the interest of the federal debt . All individual income tax revenues are gone before one nickel paid on the services tax payers collect on the government.”
“I believe that in both spirit and substance our tax system has become un-American. Death and taxes may be inevitable. But unjust taxes are not.” President Ronald Reagan.
The IRS and local County Tax Collector Are Law Breakers,
they Are Criminals committing Fraud:
The income that is a direct tax which is not apportioned amongst the States as demanded by the U.S. Constitution, making the income tax and property taxes, and sales tax and every other tax levied against citizens of the U.S. unconstitutional and therefore unlawful.
Apportioned = to divide equally amongst the people.
More info on failure to ratify [pasted below]
C-Live, Love Oppose Evil. Novus Ordo Seclorum.
http://www.libertyforlife.com/constitution/us-16th-failed-ratification.htm
Why does the IRS have a $14 Trillion lien against the US?
. . . . Check out article, - then see # 12 , which begins with these words:
A lien on the US by the IRS can be collected directly from citizens thru the future function of the Consumer Financial Protection Bureau, which will integrate All financial accounts of citizens with the IRS.
Seems to be a long running trend, some lesser entity ‘deems’ something to be true and anyone else is either prevented or fails to challenge, kinda like our current sitting president was ‘deemed’ to be electable.
16th Amendment was worded to tax ‘corporation’ that had ‘gains’ somehow a ‘gain’ was reinterpreted and applied to wages which are in no way a gain. Then a separate Tax Court was set up to only hear income tax cases, see anything wrong with that picture? [As in judges presiding (rubber stamping) over cases that pay their salary and keep the Court in conflict of interest in every case]
This is besides all the other good points made about the 16th Amendment plus fair-share my ass.
Very strange filing especially if no one challenges it, person or State or Congress or President.
Federal Reserve is a corporation or basically a GSE (government sponsored enterprise).
The hub of our US Government sits on ground (literally) that is not part of the United States.
How the Federal Government can own land in a/any State is beyond me even if they claim it as National Parks it always takes an act of Congress to approve it and only excludes States from using the land for other purposes.
You are very correct about our corrupt politicians and bankers!!!
ABOUT IRS FORM W-8BEN
FORM #04.202
ALSO:
HTTP://FAMGUARDIAN.ORG/PUBLICATIONS/GREATIRSHOAX/GREATIRSHOAX.HTM
HTTP://WWW.SEDM.ORG/FORMS/TAX/WITHHOLDING/W-8BEN/ABOUTIRSFORMW-8BEN.HTM
HTTP://FAMGUARDIAN.ORG/SUBJECTS/TAXES/TAXES.HTM
TABLE OF CONTENTS:
1. Why must We Use It?
2. Citizenship, Domicile, and Tax Status Options Summary
3. Withholding on Nonresident Aliens
4. Why the government agrees with this article on the liabilities of “nonresident aliens” not engaged in a “trade or business”
5. Traps to Avoid with this Deceptive Form-WATCH OUT!
5.1 You’re NOT a statutory “U.S. resident”, “U.S. citizen”, “citizen”, or “U.S. person”
5.2 You’re NOT a statutory “Beneficial owner”
5.3 You’re NOT a statutory “Individual”, but rather a “transient foreigner” or “Union state Citizen”
5.4 You’re NOT a statutory “alien”, but rather a “nonresident alien”
5.5 Tricks pulled by usually unscrupulous institutions
5.6 Deception in IRS Publication 519 about the definition of “United States”
6. How to Complete IRS Form W-8BEN
7. Examples
8. Opening bank accounts as a nonresident alien not engaged in a “trade or business” without a Taxpayer Identification Number
9. Backup Withholding
10. Frequently Asked Questions
11. Saving and reusing completed forms
12. Further Reading and Research
1. Why Must We Use It?
The most important aspect of your relationship to the IRS and state taxing authorities is the withholding forms you fill out which identify your citizenship, domicile, and taxpayer status. They are the first contact most people ever have with the tax system and they can have a profound and long-lasting affect on the future interactions one might have with the government. If you either fill out the wrong withholding form or you fill out the right form incorrectly, you can severely prejudice your rights under the law. Nearly every American knows about the IRS Form W-4 withholding form because the private company they work for has most likely mandated (illegally, we might add) that it be filled out and submitted before they are allowed to start work. Not many people, however, know that this is the wrong form to fill out for most Americans and that there is another, better form that more truthfully and accurately represents their status to the payroll department. That form is the IRS Form W-8BEN. Those who submit this form are exempt from backup withholding and 1099 reporting:
“Foreign persons who provide Form W8BEN, Form W8ECI, or Form W8EXP (or applicable documentary evidence) are exempt from backup withholding and Form 1099 reporting.”
[IRS Publication 515, year 2000, p. 3]
The IRS form W-8BEN identifies the submitter as a “nonresident alien” (OFFSITE LINK), which is the status that Americans born anywhere in the country and domiciled within constitutional states of the Union have. We won’t explain here all the nuances of why this is the case, because you can read as much detail about the subject as you like in the following sources:
Nonresident Alien Position, Form #05.020-memorandum of law on why people domiciled in states of the Union are nonresident aliens
Legal Basis for the term “Nonresident Alien”, Form #05.036 -pamphlet
Why Domicile and Becoming a “Taxpayer” Require Your Consent, Form #05.002-explains why income taxes are based on “domicile” and why you don’t have a “domicile” in the “United States” and therefore cannot be a “resident”
Federal and State Tax Withholding Options for Private Employers, Form #09.001 -important pamphlet
You’re Not a “resident” under the Internal Revenue Code (OFFSITE LINK)
You’re Not a “citizen” under the Internal Revenue Code (OFFSITE LINK)
Very briefly, the reason that “nonresident alien” is the correct status for Americans born anywhere in the country and domiciled in states of the Union is that they are:
1. “nationals” under 8 U.S.C. §1101(a)(21) (OFFSITE LINK) because they owe allegiance to their state, which is “foreign” (OFFSITE LINK) to the legislative jurisdiction of the federal government.
“ Why you are a “national”, “state national”, and Constitutional but not Statutory Citizen, Form #05.006
http://sedm.org/Forms/MemLaw/WhyANational.pdf
2. “state nationals”. See the pamphlet
3. Not statutory “citizens” as defined in 8 U.S.C. §1401. Click here for an article on this subject.
4. Not statutory “residents” or “aliens”, which are equivalent, as defined in 26 U.S.C. §7701(b)(1)(A) (OFFSITE LINK) . Click here (OFFSITE LINK) for an article on this subject.
5. Not “individuals”. All “individuals” are federal “public officers” or “franchisees” domiciled on federal territory. See:
5.1 Why Your Government is either a Thief or You Are a Public Officer for Income Tax Purposes, Form #05.008
http://sedm.org/Forms/MemLaw/WhyThiefOrEmployee.pdf
5.2 Why Statutory Civil Law is Law for Government and not Private Persons, Form #05.037
http://sedm.org/Forms/MemLaw/StatLawGovt.pdf
5.3 Government instituted slavery using franchises, Form #05.030
http://sedm.org/Forms/MemLaw/Franchises.pdf
Statutory “U.S. citizen” (8 U.S.C. §1401) and “U.S. resident” (26 U.S.C. §7701(b)(1)(A)), or “national of the United States” (8 U.S.C. §§1101(a)(22)(B) and 1408) status under the I.R.C. can only be acquired by those domiciled on federal territory or in U.S. possessions, or who are representing federal instrumentalities that have a domicile in these places such as federal corporations under Fed.R.Civ.P. 17(b). Everyone else is a statutory but not constitutional “non-citizen national” and/or “alien” under federal statutory law. Those who are “nationals” under 8 U.S.C. §§1101(a)(21) and 1452 because domiciled in a foreign state (state of the Union) are statutory “aliens” but also constitutional “citizens of the United States” at the same time.
The IRS Form W-4 can only be used for public (government) employment withholding. This is confirmed by the content of 26 CFR §31.3121(b)-3(c), which says that services performed outside the “United States”, which is defined as federal territory in 26 U.S.C. §7701(a)(9) and (a)(10) and 4 U.S.C. §110(d) (definition of “The States” used in 26 U.S.C. 7701(a)(9)) and not expanded anywhere else to include states of the Union, do not constitute “employment” within the meaning of I.R.C. Subtitles A and C.
Title 26: Internal Revenue
PART 31EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
Subpart BFederal Insurance Contributions Act (Chapter 21, Internal Revenue Code of 1954)
General Provisions
§ 31.3121(b)-3 Employment; services performed after 1954.
(a) In general. Whether services performed after 1954 constitute employment is determined in accordance with the provisions of section 3121(b).
(b) Services performed within the United States [federal territory not within any state of the Union].
Services performed after 1954 within the United States (see §31.3121(e)1) by an employee for his employer, unless specifically excepted by section 3121(b), constitute employment. With respect to services performed within the United States, the place where the contract of service is entered into is immaterial. The citizenship or residence of the employee or of the employer also is immaterial except to the extent provided in any specific exception from employment. Thus, the employee and the employer may be citizens and residents of a foreign country [such as states of the Union] and the contract of service may be entered into in a foreign country, and yet, if the employee under such contract performs services within the United States, there may be to that extent employment.
“(c) Services performed outside the United States(1) In general. Except as provided in paragraphs (c)(2) and (3) of this section, services performed outside the United States (see §31.3121(e)1) do not constitute employment.”
Private companies, meaning those who are not instrumentalities of the U.S. government identified in 26 U.S.C. §6331(a), who:
1. Complete SS-4 form and check the “employer” block. AND...
2. Are lawfully designated as “withholding agents” pursuant to 26 U.S.C. §7701(a)(16) by receipt of IRS form 2678 from the Secretary of the Treasury. AND...
3. Were in fact acting as a federal instrumentality BEFORE they did the previous two steps.
..are the ONLY ones who can lawfully use the W-4 or perform tax withholding upon their PUBLIC workers. Those who do not satisfy all the above criteria are committing several crimes, including:
1. Impersonating a public officer. 18 U.S.C. §912
2. Bribing the government to procure a public office. 18 U.S.C. §210
3. Fraudulently filing returns under 26 U.S.C. §§7206 and 7207. Information returns such as the W-2 count as “returns” and may be prosecuted for fraud if either the company or the worker are not in fact, and in deed public officers within the U.S. government engaged in the “trade or business” franchise, which is defined in 26 U.S.C. 7701(a)(26) as “the functions of a public office”.
The IRS, however, unlawfully abuses tax forms to CREATE NEW public offices in the U.S. government and uses withholdings as a means to bribe the government unlawfully to procure a public office with the withholdings in violation of 18 U.S.C. §210. Those who fall victim to this SCAM and are unaware of it effectively become “public employers” by partaking in the governments social insurance scheme and may then CRIMINALLY cause their otherwise private workers to impersonate public officers in the government and become Kelly Girls on loan from Uncle Sam as part of this “scheme”.
IRM 5.14.10.2 (09-30-2004)
Payroll Deduction Agreements
2. Private employers, states, and political subdivisions are not required to enter into payroll deduction agreements.
Taxpayers should determine whether their employers will accept and process executed agreements before agreements are submitted for approval or finalized.
[SOURCE: http://www.irs.gov/irm/part5/ch14s10.html]
However, the IRS form W-8BEN, unlike the W-4, has many appropriate uses. It can be used:
To stop “employment” withholding. When this form is submitted, the employer must stop ALL withholding, including Medicare, Social Security, and FICA, and Federal Income Tax.
Change your legal “domicile” (OFFSITE LINK) to a place outside the jurisdiction of the federal government and the tax laws. See block 4 of the W-8BEN form. Click here for an article on this important subject.
Open tax-free accounts at financial institutions, all without a “Taxpayer Identification Number” (OFFSITE LINK)
Change your status with the IRS to that of a “nontaxpayer” (OFFSITE LINK).
To Stop W-2 earnings reports to the Federal Government.
To avoid the W-4 Exempt penalty of $500. There is no regulation that allows the submitter of a W-8BEN to be penalized for submitting it, even if it is wrong.
Most people don’t know about this very useful form, and the main reason is because the government doesn’t want the secret getting out! The IRS has done their best to discourage people from using this form by, for instance:
1. Emphasizing that nonresident aliens under 26 U.S.C. §871(a), who have earnings not connected with a “trade or business” are subject to a flat 30% tax rate, even though this tax only applies to corporations involved in very specific types of transactions and does not apply to natural persons. This deceives natural persons into avoiding being nonresident aliens in order to avoid paying a usually higher tax rate, when in fact, such an approach would produce NO tax liability in most cases.
2. Not putting anything on the form about the fact that nonresident aliens with no earnings connected with a “trade or business” are not subject to withholding, even though the regulations at 26 CFR §31.3401(a)(6)-1(b), shown below, indicate that no withholding is required. Since the form doesn’t mention that nonresident aliens in most cases are not subject to withholding, then people naturally gravitate to the W-4, because it is the only IRS form that mentions an exemption from withholding. This causes them to use the WRONG form, thus maximizing the illegal flow of donations to the IRS by misinformed and deceived Americans.
3. Not putting anything on the form indicating that no Social Security Number is required in the case of nonresident aliens, even though the regulations at 26 CFR §1.1441-6(c)(1) say none is required.
4. By not mentioning that nonresident aliens not engaged in a “trade or business” do not earn any “taxable income”, as shown below and in 26 U.S.C. §864(b)(1)(A), 26 U.S.C. §861(a)(3)(C)(i), 26 U.S.C. §3401(a)(6), 26 U.S.C. §1402(b).
5. By not providing any other form for use by nonresident aliens that will stop withholding other than the W-8BEN and the 8233 and doing a very confusing job in their Publication 515 explaining the differences between these two forms. This causes most people to throw up their hands and opt for the simplest option, which of course causes them to commit perjury under penalty of perjury on the W-4 by pronouncing themselves as government employees engaged in a privileged, taxable “trade or business”.
There are many reasons why the IRS form W-4 is not the correct form, and those reasons are beyond the scope of this article because covered much more thoroughly elsewhere. The most authoritative articles on the subject are listed below:
Income Tax Withholding and Reporting Course, Form #12.004
Federal Tax Withholding, Form #04.102
Tax Withholding and Reporting: What the Law Says, Form #04.103
Federal and State Tax Withholding Options for Private Employers, Form #09.001, Sections 19.1 through 19.4 -pamphlet
Great IRS Hoax, Form #11.302 (OFFSITE LINK), section 5.6.20: Why you aren’t an “exempt” individual. This section clearly establishes that most Americans SHOULD NOT be filing a W-4 Exempt. Read and heed!
Sovereignty Forms and Instructions Online, Form #10.004, Instructions 4.13: Stop Employer Withholding of Income Taxes (OFFSITE LINK)
Great IRS Hoax, Form #11.302 (OFFSITE LINK), section 5.6.7: You Don’t Earn “Wages” so your Earnings Can’t Be Taxed
Great IRS Hoax, Form #11.302 (OFFSITE LINK), section 5.6.8: Employment Withholding Taxes are “Gifts” to the U.S. government
Great IRS Hoax, Form #11.302 (OFFSITE LINK), section 5.6.13: The Federal Employee Kickback Program Position
Great IRS Hoax, Form #11.302 (OFFSITE LINK), section 5.6.15: Your Private Employer Isn’t Authorized to Act as a Federal Withholding Agent
Because of the many pitfalls of using the IRS form W-8BEN, you may decide to use our alternative or Substitute W-8 form that avoids all these pitfalls below. The following form avoids the use of all of the IRS’ favorite “words of art” and very clearly spells out all the applicable laws so that the clerks are properly educated about the requirements of law:
Affidavit of Citizenship, Domicile, and Tax Status, Form #02.001
http://sedm.org/Forms/Affidavits/AffCitDomTax.pdf
Could someone explain this in simple laymans’ language? Baby talk? Pidgen? Something?
I don’t get it at all.
The IRS files liens in States (more than likely each State) to lay ground work to collect debt owed to them. The lien(s) are against the Corporation of America (goes by various names) which would include individuals (citizens).
Basically that’s it.
The questions are many: Why does the IRS need to file State liens? What governs their filings or what authority is relied on to file these liens? Are these technicalities, like procedural actions, or are these filings leading up to something bigger?
If you look a the tax code, it is the biggest and most complex writings ever foisted upon man. So, there is no simple answer to how it can be manipulated or the final consequences as it is a dynamic (always changing of being change).
In other words, we don’t what is going on and neither do they.
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