FRIVOLOUS SUBJECT: I can’t share how to properly file with a Foreign Tax Status because it might destroy valid approaches

FALSE CLAIM:

Although I am an expert in the field of the Nonresident Alien Position, I believe it would work against the successful and proper use of the position to file a 1040-NR or Foreign return to share what I know about how to do this.

REBUTTAL:

A frequent approach by legal experts and even attorneys specializing in law is that:

  1. Their tactics for a successful outcome are secret and cannot be shared or documented.
  2. Those who attempt to document said services are THE ENEMY.
  3. They don’t recommend doing by yourself what they do. This is designed to make you fearful and to use that fear to keep you dependent on them for the service and eager to pay an unreasonable fee for the service.
  4. The reason the tactics and authorities cannot be shared is because it might:
    4.1. Create so-called “bad caselaw” that undermines the implementation of an otherwise valid approach or
    4.2. Result in a change to the statutes and regulations that might undermine that approach.

The following frequent statement by mainly practicing attorneys is a reflection of the above approach:

“Those who represent themselves in court have a fool for an attorney.”

The above comment is designed to reinforce the need for the services of a SPECIFIC attorney which are then ALWAYS overpriced, so that you have an unrealistic view of the value of their services.

An example of this is, for instance, one of our students specializes in filing nonresident alien returns. They refuse to share its tactics for getting a lawful refund as a nonresident alien using a 1040NR return. This is also the approach used by some attorneys toward his VERY EXPENSIVE legal services in defending against criminal tax charges.

In response to this fallacious argument insofar as it concerns filing a tax return with a foreign tax status, we state:

  1. It seems to us that the main motivation for this approach is defending and expanding their business revenue in rendering said service. If they explained or documented their approach, no one would procure their services and the market for their services and their revenue would vaporize.
  2. This inference is proven by the fact that:
    2.1. Foreign tax status is a third rail issue insofar as it is implemented by those physically present WITHIN United States* the country.
    2.2. The courts are UNIVERSALLY silent on this issue. There is almost NO caselaw on this subject.
    2.3. States of the Union are EXCLUDED from the definition of “State” and “United States” throughout I.R.C. Subtitles A and C and thus they are excluded.

Since foreign tax status is a third rail issue for those within the COUNTRY United States* and there is no caselaw on the subject and the statutes are and MUST be silent on it, its ludicrous to expect that any court would attack the position or any statute would ever directly address it, because it is BEYOND the jurisdiction of Congress to even regulate or tax.

In conclusion then, those taking the position that they cannot share their “secret sauce” documenting how they file a tax return with a foreign tax status who are located in United States* the country are purely motivated by money and protecting their revenue and importance and NOTHING more.

As further proof this is the case, when this site began to publish information about how to properly file a with a foreign tax status based on information available through one of our students, a specialist in doing so, they:

  1. Told all their workers and partners that they could not share any lessons learned doing this task.
  2. Those workers who were already close friends with us were cut off from performing the service.
  3. Direct communication with us was cut off.
  4. When their workers and partners shared ANY kind of information with us not directly related to filing with a foreign tax status, and the leader, they found out, they were censured.

Thus, the love of money that is the root of the reason foreign tax status is a third rail issue also infected this member and student.

If you seek legal or tax help and those offering their services are unwilling to educate you about the proper methods to execute the service they provide, you are a fool if you do business with them. They love money more than truth or justice and you are probably better off doing it yourself.

The above information is the reason for the following provisions of our Member Agreement:

6. If I present any of the information I learned on this website to my friends or a group, then I agree to give credit for what I learned to FTSIG.ORG and refer them to the site. I will not take credit away from the ministry and will give credit where credit is due because doing otherwise would be stealing.
7. If I go into business helping people prepare NONRESIDENT or FOREIGN tax returns and use or rely on information available on the ministry website in doing so, then I agree to:
7.1. Ensure all my clients know about this website and use it.
7.2. Not sign the tax return as a tax preparer or Enrolled Agent.
7.3. Provide the ENTIRE tax return and all attachments to my client.
7.4. Charge a FIXED fee to all clients for doing so that is NOT based on the amount of refund the client gets.
7.5. Not bundle support after filing with the tax return fee, but to charge separately and individually for it.

[FTSIG Terms of Use, Section 1.3; SOURCE: https://ftsig.org/about/terms-of-use-and-service/]