Saturday, April 14, 2007
I have heard and seen every argument out there but what really gets me is how many people are asking what Should I do when my employer asks for a w-4.
If you have to ask you need to do some home work. The answers are right there in the tax code, the regulations and the supreme court rulings.
Also anyone who says Hendrickson is better than Schiff or Rose is better than Someone else is not being honest with you. They are only comfortable where they are at. Not a good place to be. The justice Department will go after anyone who teaches or files or not files in a way that they don't like, or in a way that excuses american labor from a tax. The government, those who earn a living off taxes and those who benefit all insist the government has a right to tax labor. Whether out of ignorance or because they don't care or truly believe the lies, the fact is in America we are being forced to pay a tax on labor. The problem starts with the employer. Forget about why, look at what is true. If the employer doesn't do it like the government wants they get in trouble, They will try to give you 1099, which puts the trouble on you instead of them. You are now responsible for the taxes.
Lets take an example. Lets say a man walks up to your house and says, I am going to buy your house, here is a contract, I just need you to sign it. What would you say?
When you start a new job, you are going to come across those who refuse to follow the law. Do you want to work for these people. You may want to complain to the owners or file a lawsuit if they are breaking the law. You do have rights if you understand them. Just because the government tells them to break the law will not protect the employer if you take them to court. Once you are hired, make sure you punch in or somehow can prove you started to work. They will want to get the paperwork done right away, but you must first be on the clock. Once you are there with the HR person, you will begin the exchange of legal and contracted agreements that will apply for as long as you continue to work for that company, It is in the best interest of both parties that all understandings be resolved.
1. When it comes to the I-9 form, read it very carefully. The employee decides what documents to present. Use anything you have except the SS card or number. I Use a passport, otherwise use a certified birth certificate and a state ID, Especially if your job includes driving a company car.
2. They hand you a w-4. Thank them and then fold it up and put it in you pocket. They have done their job and that's all they are required to do is hand it to you. If they insist on getting it back, hand it to them blank, If they say you have to fill it our, tell them to show you the law. Or explain you need time. If they tell you they need a letter explaining you refuse to return it filled out, tell them they need to right a short letter stating they handed it to you but you refused to return it to them. Tell them to write it on a company letter head, and you will sign it. Make sure you get a copy.
In the end the company will probably try to scare you into compliance by saying if you do not submit a w-4 you will have taxes withheld at the single Zero rate. This is not possible without a SSN. Also it is not possible for the company to collect SS taxes from you though they will still be required to pay their share of SS tax. But not to your account number. You may wish to read up on Public law 93-579 and 42 usc 408. Print out for them any statutes that prove your points. A lot of this info is already on the web thanks to all those who came before you.
If the company does somehow collect state, federal or ss tax without your SSN then you will need to find an attorney who understands your position. Do not try to argue the tax laws, but instead just argue that you want the company to be upfront and honest about your contract for employment as is your right, and for them to follow the letter of the law. Make it clear that any liability for state or federal tax will be taken care of seperate from your JOB. You can tell the attorney you refuse to participate in SS and the law is clear that you can not be required to participate in order to work. If they argue with you, you don't have the right attorney. Keep looking. This is the hardest part. If possible you might want to find the attorney before you start looking for that next JOB. That way you can give the company the attorneys card if they threaten to fire you the first day if you do not comply with their demands for a SSN or W-4. Ignorance is the hardest thing to fight. Be prepared by doing your own research. Do not believe anyone else and certainly not those of us out here telling you not to pay your fair share of tax on labor.
If you have been able to keep the JOB without the SSN you are OK, unless the company takes taxes out anyways, then you will have to file a return for a full refund. The point here is that without a SSN Pete Hendricksons book makes sense. But if you file a W-4, give up your SSN or receive a 1099, you ARE going to have to fight for your money back. If there is no withholdings, who cares, you are free to exersice your rights. But getting into contract disputes and errors of law regarding these forms can be very expensive, and the government does not play fair or by it's own rules. It's best to not pay in at all, but not by using the 1099 system. Tell the company you are trading your labor the way his/her supplier trades product for cash. Tell them they can pay
you out of their accounts receivables and still deduct the labor as an expense on their tax return. Tell them you know the law and are prepared to prove what you say if they don't understand. Help them to see the light.
The entire point to this post is simple. Everyone runs around fighting the IRS, but once the employer starts to tell the IRS you are earning taxable anything, you are screwed. The IRS will try to tell the company to break the law and to do things that are not in the law, but it is the company that is falsely reporting taxable wages, then making workers think these are taxable income when all you are doing is trading your labor and property for another form of property of equal value. There is no gain, labor is not defined as taxable, it is not income. Income is not defined, you are not required by anyone to do anything you don't feel comfortable doing, otherwise the contract is void. Companies spend millions working contracts with their partners
and suppliers, but then try to force employees to accept a standard government deal. Why? I am still trying to figure out why these companies are so afraid of the IRS. Maybe they are just taking the easy way out. We need every company in America to accept our contract for labor and agree not to report our exchange to any government agency unless specifically authorized by the constitution and the Supreme Court, or by agreement. This is where I believe the fight should be. Not with the IRS.
!I am asking everyone to keep their eyes open for any cases or opinions regarding lawsuits against employers for entering non zero amounts in box 1 of W-2 forms against the will of the employees. I am looking for any and all court rulings, opinions or lawsuits where an employee has taken the employer or withholding agent to court for filing w-2 forms when the employee has refused the use of a SS number, refused to file a W-4 or has demanded that the employer follow
the letter of the law. I am not looking for cases where there was an out of court settlement, but if you know of one I am interested in it anyways. Please help the cause by forwarding these cases to me by making them available on Yahoo groups or send them to me so I can research them. Thank You.