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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 W–8BEN, Form W–8ECI, or Form W–8EXP (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 31—EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
Subpart B—Federal 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