in lieu of w4 form and SS# usage privay act

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Wizlawz
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in lieu of w4 form and SS# usage privay act

Post by Wizlawz » Thu May 12, 2016 10:45 pm

my job tells me today their lawyers say these are not worth the paper they are printed on.
i have used the in lieu of w4 form for over 20 years to not pay federal taxes.

does anyone by chance have the exact link to the law that says that those in the District of Colombia are the only ones liable for federal income withholding?
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editor
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Re: in lieu of w4 form and SS# usage privay act

Post by editor » Sat May 14, 2016 8:38 am

I don't think I've seen the form you're referencing. Care to post a copy?
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notmartha
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Re: in lieu of w4 form and SS# usage privay act

Post by notmartha » Sun May 15, 2016 12:55 pm

There are quite a few of these forms floating around:

http://famguardian.org/TaxFreedom/Forms ... olding.htm
http://www.supremelaw.org/copyrite/jprc.com/w4.htm

Some are outdated and are still using UCC 1-207 which is now 1-308.

The forms appear to be an attempt to satisfy this code:
26 U.S. Code § 3402 - Income tax collected at source

(n) Employees incurring no income tax liability Notwithstanding any other provision of this section, an employer shall not be required to deduct and withhold any tax under this chapter upon a payment of wages to an employee if there is in effect with respect to such payment a withholding exemption certificate (in such form and containing such other information as the Secretary may prescribe) furnished to the employer by the employee certifying that the employee—
(1) incurred no liability for income tax imposed under subtitle A for his preceding taxable year, and

(2) anticipates that he will incur no liability for income tax imposed under subtitle A for his current taxable year.

The Secretary shall by regulations provide for the coordination of the provisions of this subsection with the provisions of subsection (f).
and this:
26 CFR 31.3402(f)(4)-2 - Effective period of withholding exemption certificate.

(c) Statements under section 3402(n) eliminating requirement of withholding. The statements described in § 31.3402(n)-1 made by an employee with respect to his preceding taxable year and current taxable year shall be effective until either a new withholding exemption certificate furnished by the employee takes effect or the existing certificate that contains such statements expires. In no case shall a withholding exemption certificate that contains such statements be effective with respect to any payment of wages made to an employee:

(1) In the case of an employee whose liability for tax under subtitle A is determined on a calendar year basis, after February 15 of the calendar year following the estimation year, or

(2) In the case of an employee to whom paragraph (c)(1) of this section does not apply, after the 15th day of the 2nd calendar month following the last day of the estimation year.
It appears that the rules of the game changed in 2007.
§ 31.3402(f)(5)-1 Form and contents of withholding exemption certificates.
(a)

(1) Form W-4. Form W-4, “Employee's Withholding Allowance Certificate,” is the form prescribed for the withholding exemption certificate required to be furnished under section 3402(f)(2). A withholding exemption certificate must be prepared in accordance with the instructions and regulations applicable thereto, and must set forth fully and clearly the data that is called for therein. Blank copies of paper Forms W-4 will be supplied to employers upon request to the Internal Revenue Service (IRS). An employer may also download and print Form W-4 from the IRS Internet site at http://www.irs.gov. In lieu of the prescribed form, employers may prepare and use a form the provisions of which are identical with those of the prescribed form, but only if employers also provide employees with all the tables, instructions, and worksheets contained in the Form W-4 in effect at that time, and only if employers comply with all revenue procedures relating to substitute forms in effect at that time.

(2) Employers are prohibited from accepting a substitute form developed by an employee, and the employee submitting such form will be treated as failing to furnish a withholding exemption certificate. For further guidance regarding the employer's obligations when an employee is treated as failing to furnish a withholding exemption certificate, see§ 31.3402(f)(2)-1.

(3) Effective/applicability date. Paragraph (a)(1) applies on April 14, 2005. Paragraph (a)(2) applies to any substitute withholding exemption certificate furnished to an employer on or after October 11, 2007.

(b) Invalid Form W-4. A Form W-4 does not meet the requirements of section 3402(f)(5) or this section and is invalid if it contains an alteration or unauthorized addition. For purposes of § 31.3402(f)(2)-1(e) and this paragraph—

(1) An alteration of a withholding exemption certificate is any deletion of the language of the jurat or other similar provision of such certificate by which the employee certifies or affirms the correctness of the completed certificate, or any material defacing of such certificate;

(2) An unauthorized addition to a withholding exemption certificate is any writing on such certificate other than the entries requested (e.g., name, address, and number of exemptions claimed).
Ask the lawyer for a "valid" exemption from withholding form.
Last edited by notmartha on Mon May 16, 2016 1:13 pm, edited 1 time in total.
Wizlawz
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Re: in lieu of w4 form and SS# usage privay act

Post by Wizlawz » Mon May 16, 2016 12:19 am

Interesting.... so does anyone have the direct download to a new and or updated in lieu of form?
A direct link to it and not a site where I have to try and figure out what I am looking for?
I don't have an attorney to ask for what is / was suggested asking / requesting for.
Ye my form is from the late 1990's
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notmartha
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Re: in lieu of w4 form and SS# usage privay act

Post by notmartha » Mon May 16, 2016 12:01 pm

The code indicates that an "in lieu of" form created by employee is no longer acceptable. The employer (collecting agent), however, can create a form "in lieu of" the W4 withholding exemption certificate, from what I understand.

Here is the form:

http://www.irs.gov/pub/irs-pdf/fw4.pdf

Your employer should also have a form to give you.
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