Stop private sector employers/companies from illegal payroll withholding!!!
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Are you an American Citizen living and working in any of the 50 states earning his or her own domestic income and having federal payroll withholding being applied to you from your employer or company with whom you work for?
If you meet the conditions above, then your employer/company is illegally withholding your compensation as if you are a non-resident alien and has zero authority to withhold a penny! Often times an American Citizen who lives among any of the 50 states and works in the private sector is asked to fill our Form W-4; which is completely adverse to what the law actually says! In order for One to perform payroll withholding of taxes upon someone, the person withholding must be what is known as a withholding agent. A withholding agent is defined in the United States Code (U.S.C.) under title 26 7701(a)16 as “The term "withholding agent" means any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461.”
26 U.S.C. 1441-Withholding of tax on nonresident aliens
26 U.S.C. 1442-Withholding of tax on foreign corporations
26 U.S.C. 1443-Foreign tax exempt organizations
26 U.S.C. 1461-Liability for tax withheld
The command to withhold from paychecks is found at 26 U.S.C. 3402- however the definitions for 3402 (definitions are pivotal in tax law) can be found at 26 U.S.C. 3401.
For purposes of this chapter, the term "wages" means all remuneration (other than fees paid to a public official) for services performed by an employee for his employer, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include remuneration paid-
For purposes of this chapter, the term "employee" includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term "employee" also includes an officer of a corporation.
For purposes of this chapter, the term "employer" means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that-
(1) if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term "employer" (except for purposes of subsection (a)) means the person having control of the payment of such wages, and
(2) in the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term "employer" (except for purposes of subsection (a)) means such person.
“Includes or including” when used in the tax code means whatever comes after the word “includes or including” should be seen as forming an incomplete category or class. You can add things to the list though they may not be enumerated however must be of the same category with what you’ve just described.
c) Includes and including
The terms "includes" and "including" when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.
As you can see if you are an American citizen and you work in the private sector, your company cannot withhold a penny as what the law says!! Let’s raise some awareness about this issue and stop theft of millions of hard-working Americans!
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