Government
When litigating tax issues, the following two important constraints always come into play: 1. Full Payment Rule The Full Payment Rule requires that those who seek refunds of taxes paid in federal district or circuit courts must pay the entire amount in controversy before they may file suit. This rule was first established by the…
Read MoreADAPTED FROM: Excluded Earnings and People, Form #14.019, Section 2; https://sedm.org/Forms/14-PropProtection/ExcludedEarningsAndPeople.pdf This site focuses exclusively on Exclusions rather than Exemptions. The difference between these two is explained in: Proof of Facts: Exemptions v. Exclusions, FTSIGhttps://ftsig.org/proof-of-facts-exemptions-v-exclusions/ Pursuing exclusions rather than exemptions shifts the burden of proof onto the government and takes it off of you, as…
Read MoreSOURCE: Publication 519 (2023), U.S. Tax Guide for Aliens | Internal Revenue Service (irs.gov); https://www.irs.gov/publications/p519 REFERENCES: EDITORIAL: The geographical “United States” in 26 U.S.C. §7701(a)(9) and (a)(10) and that in 26 C.F.R. § 301.7701(b)-1(c)(2)(ii) are two completely different things. An alien can satisfy the “presence test” in 26 U.S.C. §7701(b) and yet live and work…
Read MorePeople have lots of questions about how to change their status from DOMESTIC to FOREIGN for previous tax years other than their current one relating to: This article will address these concerns. 0. Introduction Statutes of limitations on IRS assessment and collection activity is generally governed by the following authorities: In order to determine the…
Read MoreEDITORIAL: Interesting. We didn’t write this. Is the United States national government LEGISLATIVELY but not CONSTITUTIONALLY “foreign” with respect to the states of the Union in all matters not relating to its property and officers? This pleading seems to suggest that it is. The national government is, after all, made up ENTIRELY of property and…
Read MoreA common scenario among our readers and students who have encountered and learned our materials is a desire to refile previous 1040 tax returns filed as a “U.S. person” to transition them to a “nonresident alien” return. This article will provide authorities on how to do that. If you accidentally filed a Form 1040 as…
Read MoreTABLE OF CONTENTS 1. Introduction This site seeks to PROTECT your FOREIGN and private status. The way it does this is to AVOID DOMESTIC status. The definition of “domestic” states that an act of USING SOMEONE else’s definition, which by the way is PUBLIC PROPERTY in the case of the government, is what literally MAKES…
Read More1. General requirement to file The requirement for a nonresident alien INDIVIDUAL to file a 1040-NR return appears in 26 U.S.C. §6012 and 26 C.F.R. §1.6012-1. Since the regulation is in Part 1, then it definitely applies to the income tax and is one of the few OBLIGATIONS actually attached to BEING a “nonresident alien…
Read MoreSOURCE: https://sedm.org/getting-a-foreign-ein-with-98-prefix/ Used with permission Employer Identification Numbers are often required to open business accounts at financial institutions. They are requested from the IRS using the SS-4 form. A foreign EIN is important for entities such as trusts that are filing as nonresident aliens. A Foreign EIN is an Employer Identification Number issued by the…
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