federal income tax withholding

20 posts / 0 new
Last post
Jon Shaw Sr
federal income tax withholding

   I hear a lot about how paying taxes is voluntary and why we shouldn't file our taxes. I have watched videos interviewing former IRS agents who were challenged to find where the law was that said that we HAD to pay income taxes. (upon not finding the law they all resigned from the IRS)

   My question is simply this:  Upon the fact that paying income tax is voluntary, how can i get my employer to STOP withholding federal taxes from my check?

M. R. Hamilton M. R. Hamilton's picture
It was already here.

M. R. Hamilton
No Lawyer? No Problem?

BigO
income tax

I was w2 for 5.5  years, up to end of april. I went self employed and did some contract work for several companies and filled our the i-9 form with my name as contractor. I set up an LLC in July and did have one company register my llc to issue my payments before I was given your website.  Will I be able to find info here as to how to retract the information given to the IRS so I don't report my income voluntarily? Thank u for all of your help.

M. R. Hamilton M. R. Hamilton's picture
Member forum has a letter you can send to the IRS

The member forum has a template letter you can send to the IRS to inform them that you are not required to file a 1065, which is the form that LLCs are supposed to file. Once you send them the letter, you will receive a letter from the IRS that agree you no longer have to file.

M. R. Hamilton
No Lawyer? No Problem?

BigO
llc

I'll complete letter and send to them certified. The letter from IRS I received does not indicate which form to file, but does indicate of others forms that may be filed, for the SCorp. Or C corp. Thanks. I will try to edit the form I received and will upload for others to c. Thank you.

M. R. Hamilton M. R. Hamilton's picture
They only suggest other forms

The IRS only suggest forms for those other types of businesses, because it has no authority over LLCs.

M. R. Hamilton
No Lawyer? No Problem?

BigO
letter for llc sent

I sent the letter via certified mail to the IRS today. I used the template in response to the ss4 letter they sent after I set up the llc and obtained a TIN. I know there is the template for in lieu of the w4. I have a W9 to complete for a company. Will I be able to use the same template? Also, I have been looking for the definition of federal employee or federal employee and I cannot locate.  What is a federal "employee"?. Can an individual hired for a federal position, not as an official,  claim to be a nonresident alien or not a citizen when filling out the w4? Thanks for your help.  I'll update when I get a response from IRS. 

M. R. Hamilton M. R. Hamilton's picture
They will agree that you do not have to file.

The IRS will agree that you do not have to file the 1065. Is that the form that it told you you had to file when you received you TIN?

M. R. Hamilton
No Lawyer? No Problem?

BigO
llc n tin

No, it did not specify the form I had to complete in order to file. Just gave recommendations to change to S or C corp by completing other forms. On my letter I specified that I was not required to submit the 1065. Just as the template, and input my own data and certified #. I did not sign the for but placed my name at bottom. Funny how their for has NO signature. 

BigO
letter for llc sent

I sent the letter via certified mail to the IRS today. I used the template in response to the ss4 letter they sent after I set up the llc and obtained a TIN. I know there is the template for in lieu of the w4. I have a W9 to complete for a company. Will I be able to use the same template? Also, I have been looking for the definition of federal employee or federal employee and I cannot locate.  What is a federal "employee"?. Can an individual hired for a federal position, not as an official,  claim to be a nonresident alien or not a citizen when filling out the w4? Thanks for your help.  I'll update when I get a response from IRS. 

M. R. Hamilton M. R. Hamilton's picture
I signed W-9 without prejudice

Unfortunately we have to deal with ignorance to survive. I have signed W-9 as well,. I just signed them without prejudice. Any contracted enter into under duress is a void contract.
 

Did you follow the instructions for filling the SS-4 application? The only reason we are doing this is because it is for banking purposes. The feds have convinced the banks that it is required.

M. R. Hamilton
No Lawyer? No Problem?

BigO
LLC

unfortunately for me, i applied for the llc and TIN before i found out about your website and researched other data. I went ahead and submitted the letter to the IRS in response to their acknowledgement of the SS-4 since the letter indicated that the purpose of the TIN was simply for banking purposes and to change status, otherwise. 

M. R. Hamilton M. R. Hamilton's picture
Worse case scenario get another

Worse case scenario just start a new LLC. I get mine in New Mexico, because New Mexico does not have annual filing requirements. You just get one and forget about it. Then transfer everything to the new LLC.

M. R. Hamilton
No Lawyer? No Problem?

FearingHim FearingHim's picture
Any means to collect taxes already paid in

Is their any means to collect taxes back that have already been paid in for the year of 2016?

FearingHim

M. R. Hamilton M. R. Hamilton's picture
I do not file returns

There are only two ways I know of to get money paid to rhe IRS returned. Either file a tax return or file an action.  If you file work for an employer who is withholding, you have to first stop the withholding.

M. R. Hamilton
No Lawyer? No Problem?

FearingHim FearingHim's picture
Thank you for your help

Thank you for your help in this matter, M.R. Hamilton.

FearingHim

BigO
income tax when employed by federal government

Mr. Hamilton, i secured a position with a branch of government, not as an official, but under the Homeland Security, under NFIP, an employee. I understand that i am not a taxpayer as I am also domiciled in the State of Texas. how would I go about submitting or modifying the forms they ask me to complete prior to my first day of employment? i mean, they ask me to submit electronic documents through their website, yet I cannot modify any of those documents. should I submit what they are asking for and submit adjusted documents after, or contact HR and let them know that I will not submit such documents as they are not accurate and all their documents indicate or refer me as 'a citizen' of the united states? i can perhaps print, fill and mail or hand deliver the documents. they also ask me to complete an Appointment Affidavit swearing to 3 items. thank you for all your help in advance.

M. R. Hamilton M. R. Hamilton's picture
The problem with taking a federal position

The feds can stipulate who gets to work for them. What you have to remember is that as a sovereign, you can choose when to be a US citizen and when not to be. I would just make sure that when you fill out their forms you sign them and simply write "without prejudice" under your name. You might also submit the certificate in lieu of W-4. They might not take it and you may be risking losing the job if you push it.

M. R. Hamilton
No Lawyer? No Problem?

BigO
income tax

Thank you for the feedback. I reached out to HR before I submitted the forms. She said that I needed to submit the forms without modifying them before my start date but that I would have the chance to submit additional forms during my orientation. I'm hoping to submit the w4 certificate at that time. Is there a template letter that can be sent to the IRS explaining that I never intended to waive any people's rights by retaining a position an since I am not an official, I am exempt from the income tax ? I would like to receive response from the IRS before April 2017 to let me know if am exempt or to quote the law about required income tax. Thank you 

M. R. Hamilton M. R. Hamilton's picture
Read 26 USC 7806

 This section essentially says title 26 is not law. The submission of the certificate in lieu of W-4 is NOT an modification of a for, It is spell out in specifically detail in the statutes delineated in the form. Submitting a lawful form is not "modifying" a different form. You will have to learn to read between the lines when dealing with HR or any other proponent of income tax. I would point out that people cannot be discriminated against due their filing status.

M. R. Hamilton
No Lawyer? No Problem?

Log in or register to post comments