“Foreign Person”

26 C.F.R. §1.1441-1 – Requirement for the deduction and withholding of tax on payments to foreign persons. (c) Definitions.  The following definitions apply for purposes of sections 1441 through 1443, 1461, and regulations under those sections. For definitions of terms used in these regulations that are defined under sections 1471 through 1474, see subparagraphs (43) through (56) of this paragraph. (1) Withholding.  The…

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Lawfully Avoiding Foreign Person Withholding

TABLE OF CONTENTS: 1. Introduction Privileged “U.S. persons” are not subject to withholding or reporting under 26 U.S.C. §1441, but “foreign persons” can be. This is a trick to get you to “elect” the DOMESTIC “U.S. person” status under 26 U.S.C. §7701(a)(30) and to scare you away from being “foreign” but not a “person” status…

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PROOF OF FACTS: There is NO LAW that permits an American National as a Nonresident Alien to Elect to be a U.S. person if they are NOT married to one

If all citizens of foreign nations can participate in the tax system, then so can ALL citizens of the nation of the United States. HOWEVER, in the famous U.S. Supreme Court case of Cook v. Tait, 265 U.S. 47 (1924) heard by no less than former President Taft, SCOTUS acknowledged the ability of ANYONE, including an American…

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“United States”

31 C.F.R. § 1010.100 – General definitions. (hhh) United States. The states of the United States, the District of Columbia, the Indian lands (as that term is defined in the Indian Gaming Regulatory Act), and the Territories and Insular Possessions of the United States. 8 U.S.C. §1101 Definitions TITLE 8 > CHAPTER 12 > SUBCHAPTER I > Sec. 1101.  [Aliens…

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“Foreign”

TITLE 26 > Subtitle F > CHAPTER 79 > § 7701 § 7701. Definitions (31) Foreign estate or trust (A) Foreign estate The term “foreign estate” means an estate the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income under…

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“Domestic”

26 C.F.R. § 1.408-2 – Individual retirement accounts. § 1.408-2 Individual retirement accounts. (b)Requirements. An individual retirement account must be a trust created or organized in the United States (as defined in section 7701(a)(9)) for the exclusive benefit of an individual or his beneficiaries. Such trust must be maintained at all times as a domestic trust…

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Catalog of Elections and Entity Types in the Internal Revenue Code

TABLE OF CONTENTS: 1. Introduction Throughout this site, we frequently state that “elections” of all kinds are to be avoided because they constitute the pursuit and acceptance of privileges or benefits that result in a needless surrender of property and autonomy. The purpose of this article is to catalog all such elections and references to…

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Getting Work as a Nonresident Alien

1. Introduction The human resources field treats “employees” like cattle who are given few options for how to structure their relationship with the company. Consequently, the optimum arrangement is to: If you are unfortunate enough that you are forced to deal with companies offering work as “government cattle” called an “employee”, your life will be…

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Creating and Running a FOREIGN Business

The following resources on SEDM describe how to create and run a FOREIGN busienss: Creating and Running a Business, Trust, or Estate, Form #09.079** (Member Subscriptions)https://sedm.org/product/creating-and-running-a-business-form-09-079/

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Opening a Bank Account as a Foreign Individual or Entity

1. Introduction Bank accounts may be opened by individuals or by entities. By default, either group is usually required by the bank to to disclose a Social Security Number in the case of individuals or an Employer Identification Number in the case of an entity. If you or your entity is an estate or trust,…

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