Government

ELECTIONS: When “gross income” includes more than profit

By ftsig-admin / September 20, 2024 / Comments Off on ELECTIONS: When “gross income” includes more than profit

SOURCE: Gross Income Worksheet-Nonresident Alien, Form #09.080**, Section 4; https://sedm.org/product/gross-income-worksheet-nonresident-alien-form-09-080/ 1. Introduction The Sixteenth Amendment limits the term “income” and therefore STATUTORY “gross income” to “profit”.  After examining dictionaries in common use (Bouv. L.D.; Standard Dict.; Webster’s Internat. Dict.; Century Dict.), we find little to add to the succinct definition adopted in two cases arising under…

HOW TO: How to Get a FOREIGN EIN as a Partnership Residing in a Constitutional State

By ftsig-admin / September 16, 2024 /

1. Introduction An Employer Identification Number (EIN) is a type of Taxpayer Identification Number (TIN) needed in order for a artificial business entity to open a bank account or get a loan. EINs for artificial entities are issued by the IRS under the authority of 26 C.F.R. §301.6109-1(g)(1)(ii). The IRS Form SS-4 is the application…

Relationship between Anti-Injunction Act and Our Position

By ftsig-admin / September 9, 2024 / Comments Off on Relationship between Anti-Injunction Act and Our Position

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…

Social Security Taxes Refundable to Nonresident aliens

By ftsig-admin / August 27, 2024 / Comments Off on Social Security Taxes Refundable to Nonresident aliens

Social security taxes paid for any given tax year are refundable to nonresident aliens working outside the statutory geographical “United States”. You can get a refund of Social Security taxes paid even after you file a tax return, but you can only do so for years no later than 3 years prior. For years in…

Burden of Proof:  Exclusion v. Exemption

By ftsig-admin / August 25, 2024 / Comments Off on Burden of Proof:  Exclusion v. Exemption

ADAPTED 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…

How Aliens Who Meet the Presence Test Can STILL file as Nonresident Aliens

By ftsig-admin / August 25, 2024 / Comments Off on How Aliens Who Meet the Presence Test Can STILL file as Nonresident Aliens

SOURCE: 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…

Effect of Switching from DOMESTIC to FOREIGN on Past Tax Years and Current IRS Collection Activity

By ftsig-admin / August 23, 2024 / Comments Off on Effect of Switching from DOMESTIC to FOREIGN on Past Tax Years and Current IRS Collection Activity

People 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…

Judicial Notice-Foreign Agents

By ftsig-admin / August 16, 2024 / Comments Off on Judicial Notice-Foreign Agents

EDITORIAL: 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…

HOW TO: How to Refile a 1040 Return as a 1040-NR Return

By ftsig-admin / August 13, 2024 / Comments Off on HOW TO: How to Refile a 1040 Return as a 1040-NR Return

A 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…

On Why You MUST Define Franchise “words of art” on all Government Forms and How to Do It

By ftsig-admin / August 7, 2024 / Comments Off on On Why You MUST Define Franchise “words of art” on all Government Forms and How to Do It

TABLE 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…