Withholding and Reporting
How to avoid withholding and reporting on foreign persons
1. Introduction This article addresses how to use and not use the W-4 as a nonresident alien. Generally, you should avoid filling out the W-4 and only use it under duress. The correct form to use for withholding instead is the IRS Form W-8BEN or W-8SUB: 2. Why private people can’t lawfully submit a W-4…
Read MoreThe following offsite reference deals with this subject: https://capitalvsincome.com/the-federal-income-tax/
Read More1. Introduction Those who claim to be “nonresident aliens” not engaged in a “trade or business” are sometimes subjected to unlawful backup withholding by ignorant financial institutions and private employers who refuse to read and obey the law as written. This section will provide tools and procedures to fight such forms of involuntary servitude and…
Read More1. INTRODUCTION This article addresses “foreign person” reporting and withholding, which means anyone who does not CONSENT to the privileged civil status of “U.S. person”, INCLUDING American Nationals wishing to remain foreign. Two forms are used to implement “foreign person” withholding and reporting: Withholding agents as defined in 26 U.S.C. §7701(a)(16) are the only one…
Read MoreTABLE 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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