Posts by ftsig-admin
“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…
Read MoreCatalog 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…
Read MoreGetting 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…
Read MoreCreating 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/
Read MoreOpening 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,…
Read MoreGetting a Foreign EIN
1. Overview EINs are used by employers, sole proprietors, corporations, partnerships, non-profit associations, PUBLIC trusts, PUBLIC estates of decedents, government agencies, certain individuals, and other business entities. If your entity is an estate or trust, it files Form 1040NR as a nonresident alien if it is PRIVATE. That means it is not required to be enumerated…
Read MoreLicense Tax Cases, 72 U.S. 462 (1866)
LINK TO CASE: https://scholar.google.com/scholar_case?case=2852002685220457827 SIGNIFICANCE: Declared the first income tax instituted to fund the Civil War, the Revenue Act of 1861, 122 Stat. 292 unconstitutional. Ruled that Congress can TAX but cannot “authorize” (meaning LICENSE) the thing subject to tax within the constitutional states of the Union. This case also recognized the ability of the…
Read MorePollock v. Farmers Loan and Trust, 157 U.S. 429 (1895)
LINK TO CASE: https://scholar.google.com/scholar_case?case=7292056596996651119 WIKIPEDIA: https://en.wikipedia.org/wiki/Pollock_v._Farmers%27_Loan_%26_Trust_Co. SIGNIFICANCE: This was the first attempt after the civil war to implement an income tax. It was declared unconstitutional because it was a direct, unapportioned tax upon real property. In this case the Supreme Court found an 1884 tax law similar to the 1864 Tax Law in the Sprinter…
Read MoreFIRPTA Withholding and Reporting
1. Introduction Those who engage in buying and selling real property are often asked by real estate agents and escrow companies to fill out tax withholding and reporting paperwork relating to their transactions. Those who are nonresident aliens often have a difficult time deciding how to complete this paperwork in a way that accurately describes…
Read MoreForeign Partner Withholding Under I.R.C. 1446
This article proves that there is no foreign partner withholding within a partnership where one or more other partners are statutory U.S. Persons: Foreign Partner Withholding Withholding Under I.R.C. Section 1446, Form #04.108
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