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www.ssa.gov “Question: “Must I provide a Social Security number (SSN) to any business or government agency that asks? “Answer:” “If a business or other enterprise3 asks you for your SSN, you can refuse to give it.” “Giving your number is voluntary, even when you are asked for the number directly.” “The decision is yours.” “…We do not have the authority to require an employer to provide or deny employment or services to anyone who refuses to disclose his or her number. This is a matter between the individual and the employer.” Dorcas R. Hardy Commissioner of Social Security Letter of response to Rodney Rickman, July 16, 1986 |
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“…There is no law prohibiting a person from exercising his right to work without possessing a Social Security number….” Harry Reid United States Senator (Nevada) Response letter to Kevin Passow, April 24, 1990 “No State shall…pass any…Law impairing the Obligation of Contracts…” Constitution of the United States (of America) Article I, Section 10, Clause 6 “A person with no social security [sic] number would have no taxable income.” Penny Payton, Claims Representative Department of Health & Human Services Response letter to Jerome T. Schiefen, January 10, 1990 An employer must request a SSAN from a new employee: “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 other person.” 268 USC 6109(a)(3) (Bold emphasis added) Regulation (positive law) interpreting the above 26 USC 6109(a)(3) prescribes procedure for an employer that does not know a new employee’s SSAN even after having requested such: “If the person making the return, statement, or other document does not know the taxpayer identifying number of the other person…such person must request the other person’s number. The request should state that the identifying number is required to be furnished under authority of law. When the person making 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 (c), such person must sign an affidavit on the transmittal document forwarding such returns, statements, or other documents to the Internal Revenue Service so stating. A person required to file a taxpayer identifying number shall correct any errors m such filing when such person's attention has been drawn to them.” 26 CFR 301.6109-1(c) (Bold emphasis added) Penalty for an employer’s failure to obtain a SSAN from a new employee: “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 USC 6723 (Bold emphasis added) Waiver of penalty for failure to obtain a SSAN if employee refuses to provide a SSAN (purpose of the affidavit provision in 26 CFR 301.6109-1(c) above): “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 USC 6724(a) (Bold emphasis added) It is very simple: An employer is required request a SSAN from a new employee (on a W-4, the only authorized way). If the new employee refuses to provide a SSAN, the employer is required by regulation (positive law) to submit an affidavit attesting that the request was made, thus eliminating the possibility of willful neglect on the part of the employer and ensuring a waiver of the $50 penalty the employer would have incurred without it. A. Rule 1. The very first thing that you need to be aware of is the text of the positive law, i.e. 26 CFR 301.6109-1(c), that instructs an employer how to go about obtaining a SSAN from a new employee. Per the text of that section, once the employer “knows” the SSAN of an employee the employer is purportedly compelled to provide IRS with such number—even if the new employee withholds consent, disagrees, and forbids any such use of the SSAN. ? Never provide a SSAN unless you want to obtain Social Security benefits. In the slot on the application for a SSAN, place one of the following: ? “Not applying for credit” ? “Privacy Act” ? “Credit check not required” ? “Not an employee yet” ? “Not applying for SS benefits” C. How to respond to verbal demands. If employer personnel tell you that they need a number to process your application, any of the following replies can work without generating friction: ? “I can’t remember it. I’ll have to get it later.” ? “Do you want to run a credit check for the purpose of issuing credit? If not, a Social Security Account Number has no bearing on an application for employment.” ? “Unless you are willing to guarantee that I will be hired, I am not willing to provide a Social Security number ahead of time based on privacy concerns.” ? “I’m not applying for Social Security benefits; I’m applying for a job. The issue of Social Security benefits can be taken up later, after I’m hired.” ? “The Internal Revenue Code does not authorize requesting a Social Security number until I am hired.” ? “I am afraid of identity theft and prefer to withhold my Social Security Account Number for privacy reasons until it is confirmed that I am hired.” credit report be checked (even though the official SSA web site says that there are alternative methods to check on someone besides using a SSAN and that businesses “do not need it”) Okay. I can see that you are sincere, and therefore I am willing to allow my privacy to be compromised just this one time in order to accommodate your needs. However, the application will have to be notated and signed by an company officer that your company will use the number just this one time, and this time only, and for this purpose, and for no other purpose, and that no company employee will retain any record of the number after the credit check is complete. As long as you are willing to guarantee those things on behalf of the company on the face of the application, and as long as I can keep the original application and you take a copy, I am willing to allow you the use the Social Security number to run a credit check. Employer: Okay. Never seen anyone that was so concerned about his privacy, though. The last sentence of 26 CFR 301.6109-1(c) is very important and reads as follows: “A person required to file a taxpayer identifying number shall correct any errors in such filing when such person's attention has been drawn to them.” What you just stated is completely outside the prescriptions of the Internal Revenue Code and the Code of Federal Regulations regarding an employee that does not provide the employer with a Social Security Account Number. Very well, but you will be named as an interested party in a lawsuit that will be filed immediately against you and your company, for wrongful termination, denying employment without due process, and other crimes and violations of the Constitution, and I will win because what I am saying is backed up by the Internal Revenue Code, the Code of Federal Regulations, and the Social Security Administration and what you are proposing is unlawful, arbitrary, and not supported in law. However, all that unpleasantness can be avoided if you will show me the courtesy of a few minutes of your time to show you the law governing these matters. I have a copy of the applicable sections of the Internal Revenue Code and the Code of Federal Regulations as well as the official position of the Social Security Administration. We could wrap up this whole conversation in as little as five minutes. via Registered Mail-Affidavit of Mailing Copy Certification by Document Custodian Allow me to show you the Internal Revenue Code and the implementing regulations of the Code of Federal Regulations that instruct the employer exactly what to do when the employer does not have a Social Security Account Number for the employee. This is section 2613 USC 6109(a)(3) of the Internal Revenue Code [shows a printout of the actual code—copy enclosed here]. Notice that the employer is only authorized to “request” a Social Security Account Number. No other action by the employer is authorized by the Code. This is section 26 CFR 301.6109-1(c) of the Code of Federal Regulations, which prescribes exactly how the employer is required to implement section 6109(a)(3) of the Internal Revenue Code. Irrespective of anything else that may apply in the case of the employee, this is the extent of what the employer is authorized to do. Please read it carefully [personnel chief reads]. Notice that the employer’s only lawful recourse is to sign and submit an affidavit on the transmittal document forwarding returns, statements, and other such documents to the IRS. There is no provision for the employer to take any other action, such as firing the employee or refusing to pay him. Since I do not wish to apply for Social Security benefits, and since the W-4 is the only official form on which the Social Security number can be submitted, there is no reason to fill out the form. Personnel Chief: This all looks very official, but I know for a fact that IRS would come down on us if we allow you to work here without a Social Security number. New employee: You mean be penalized? Personnel Chief: Yeah. New employee: Do you know what the penalty is for an employer who fails to get a Social Security Account Number from a new employee? Personnel Chief: Not exactly. New employee: A fifty-dollar fine. But the fifty bucks only comes into play if you fail to report that you don’t have a number for a particular employee. Here is the section of the Code that lays out the penalty and here is the Code that provides a waiver of that penalty for those employers that follow the Code and send in an affidavit [shows personnel chief a highlighted printout of sections 6723 and 6724(a)]. New employee: Your CPA should be able to verify everything. ? “Is a United States citizen required to obtain a Social Security number in order to live and work in the United States?” ? “Is an American citizen required to provide a Social Security number in order to live and work in America?” ? “If I already have a Social Security number, is there any law that requires that I participate in Social Security where I work?” ? “Is there any law that requires a United States citizen to provide a Social Security number to be eligible for a benefit he does not desire?” ? “Is there any law prohibiting a United States citizen from working in the United States if he does not desire Social Security benefits?” ? “Does an employer have the right to compel an employee to provide a Social Security number?” ? “Is there any law that allows an employer to compel an employee to provide a Social Security number in order to retain his job?” ? “Is there any law that allows an employer to refuse to pay an employee all of his earnings if the employee does not provide a Social Security number?” ? Is there any law that authorizes an employer to fire a new employee or withhold any of his pay if the new employee declines to provide a Social Security number and participate in Social Security? ? Is there any law that allows an employer to compel a new employee to provide a Social Security number and participate in Social Security if the new employee does not want Social Security benefits? ? Is there any law that requires a U.S. citizen to reveal his Social Security number in order to participate in the Social Security program where he works if he does not want to accumulate credit toward, and be eligible for, Social Security benefits on the money he earns there? 16 Visit http://www.civilrightsforum.org/cra/links.html for the DC address of all senators and representatives. 17 It is best to send your congressmen a duplicate letter at both their Washington, D.C. and local address; i.e. a total of six letters: two for each senator and two for your representative. Response letters from congressmen can be sent in and posted on the UCCSG web site Registered Mail, Restricted Delivery, Return Receipt Requested, Affidavit of Mailing, thus enabling you to prove that the company officer received it. This apparently innocent little document is actually the cornerstone of the entire Federal Reserve System confidence game (initiated November 22, 1910 in Jeckyll Island, Georgia and memorialized December 23, 1913 in the Federal Reserve Act of 1913), because without ongoing, unfettered exploitation of unwitting “volunteers” via the W-4, the inherently fraudulent nature of the financial system is exposed. As revealed in Cracking the Code Third EditionEdition, all money is literally borrowed into existence; i.e. no bank actually ever loans anything of value (is forbidden to do so by banking regulations) in a so-called “loan transaction.” The so-called loan is funded by the alleged borrower’s promise-to-pay (promissory note; credit application), which is treated as a deposit (just like any other deposit in a demand deposit account— e.g. checking, savings) and then converted into Federal Reserve Notes without the alleged borrower’s knowledge or consent and returned as the “loan” (the foregoing procedure is verifiable with any CPA). You have “volunteered” to participate in the Social Security retirement benefits program by placing your TRADE NAME’S SSAN on a signed W-4, a sworn proclamation that you are taxpayer and liable for the incom e tax. Your saving grace (and route out) is the fact that this is an unconscionable bargain,23 established not via just one, but all five factors that vitiate24 a contract by nullification of the consent factor: duress; menace; fraud; undue influence; and mistake (attached herewith25) There is nothing prohibiting you from also writing the Commissioner of Social Security, the general counsel of the Social Security Administration, and any other similarly involved official—because all are hamstrung26 by the nature of the questions appearing on page 15 and cannot answer truthfully without helping your cause. Title 42 United States Code, Chapter 7, Subchapter II, Section 408 is very clear on the penalties for illegal use/disclosure of a SSAN: “(a) In general… Whoever… (8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.” 42 USC 408 Penalties 26 CFR - CHAPTER I - PART 301 § 301.6109-1 Identifying numbers. (c) Requirement to furnish another's number. Every person required under this title to make a return, statement, or other document must furnish such taxpayer identifying numbers of other U.S. persons and foreign persons that are described in paragraph (b)(2)(i), (ii), (iii), or (vi) of this section as required by the forms and the accompanying instructions. The taxpayer identifying number of any person furnishing a withholding certificate referred to in paragraph (b)(2)(vi) of this section shall also be furnished if it is actually known to the person making a return, statement, or other document described in this paragraph (c). If the person making the return, statement, or other document does not know the taxpayer identifying number of the other person, and such other person is one that is described in paragraph (b)(2)(i), (ii), (iii), or (vi) of this section, such person must request the other person's number. The request should state that the identifying number is required to be furnished under authority of law. When the person making 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 (c), such person must sign an affidavit on the transmittal document forwarding such returns, statements, or other documents to the Internal Revenue Service, so stating. A person required to file a taxpayer identifying number shall correct any errors in such filing when such person's attention has been drawn to them. U.S.C. TITLE 26 - INTERNAL REVENUE CODE o Subtitle F - Procedure and Administration ? CHAPTER 68 - ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ? Subchapter B - Assessable Penalties ? PART II - FAILURE TO COMPLY WITH CERTAIN INFORMATION REPORTING § 6723. Failure to comply with other information reporting requirements 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, but the total amount imposed on such person for all such failures during any calendar year shall not exceed $100,000. Laws: Cases and Codes : U.S. Code : Title 26 : Section 6724 Section 6724. Waiver; definitions and special rules (a) Reasonable cause waiver 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. CALIFORNIA CODES CIVIL CODE SECTION 1565-1590 CALIFORNIA CODES CIVIL CODE SECTION 1565-1590 1565. The consent of the parties to a contract must be: 1. Free; 2. Mutual; and, 3. Communicated by each to the other. 1566. A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter on Rescission. 1567. An apparent consent is not real or free when obtained through: 1. Duress; 2. Menace; 3. Fraud; 4. Undue influence; or, 5. Mistake. 1568. Consent is deemed to have been obtained through one of the causes mentioned in the last section only when it would not have been given had such cause not existed. 1569. Duress consists in: 1. Unlawful confinement of the person of the party, or of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; 2. Unlawful detention of the property of any such person; or, 3. Confinement of such person, lawful in form, but fraudulently obtained, or fraudulently made unjustly harrassing or oppressive. 1570. Menace consists in a threat: 1. Of such duress as is specified in Subdivisions 1 and 3 of the last section; 2. Of unlawful and violent injury to the person or property of any such person as is specified in the last section; or, 3. Of injury to the character of any such person. 1571. Fraud is either actual or constructive. http://download.suijuris.net/uploads/Taxation/How%20to%20get%20paid%20all%20your%20earnings.pdf |
