CITES BY TOPIC:  benefit

The Government "Benefits" Scam, Form #05.040 (OFFSITE LINK) -SEDM


Why the Government is the Only Real Beneficiary of All Government Franchises, Form #05.051 (OFFSITE LINK) -SEDM


Social Security: Mark of the Beast, Form #11.407 -Christians cannot receive government "benefits"


Government Instituted Slavery Using Franchises, Form #05.030 (OFFSITE LINK)-government "benefits" are implemented with franchises

Section 23.10: The Government "Benefits" Scam

Section 28.3: "General Welfare Clause" Jurisprudence


5 U.S.C.  552a(a)(12)-Records maintained on individuals

TITLE 5 > PART I > CHAPTER 5 > SUBCHAPTER II > § 552a
§ 552a. Records maintained on individuals

(a) Definitions.— For purposes of this section—

 (12) the term “Federal benefit program” means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals;. . .


Black's Law Dictionary, Sixth Edition, p. 158

Benefit.  Advantage; profit; fruit; privilege; gain; interest.  The receiving as the exchange for promise some performance or forbearance which promisor was not previously entitled to receive.  Graphic Arts Finishers, Inc. v. Boston Redevelopment Authority, 357 Mass. 49, 255 N.E.2d. 793, 795.  Benefits are something to advantage of, or profit to, recipient.  Cheltenham Tp. V. Cheltenham Tp. Police Dept., 11 Pa.Cmwlth. 348, 312 A.2d. 835, 838.

Financial assistance received in time of sickness, disability, unemployment, etc. either from insurance or public programs such as social security.

Contracts.  When it is said that a valuable consideration for a promise may consist of a benefit to the promisor, “benefit” means that the promisor has, in return for his promise, acquired some legal right to which he would not otherwise have been entitled.  Woolum v. Sizemore, 267 Ky. 384, 102 S.W.2d. 323, 324.  “Benefits” of contract are advantages which result to either party from performance by other.  DeCarlo v. Geryco, Inc. 46 N.C. App. 15, 264 S.E.2d. 370, 375.

Eminent domain.  It is a rule that, in assessing damages for private property taken or injured for public use, “special benefits” may be set off against the amount of damage found, but not “general benefits,”  Within the meaning of this rule, general benefits are such as accrue to the community at large, to the vicinage, or to all property similarly situated with reference to the work or improvement in question; while special benefits are such as accrue directly and solely to the owner of the land in question and not to others.

As respects eminent domain law, “general benefits” are those which arise from the fulfillment of the public object which justified the taking, while “special benefits” are those which arise from the particular relation of the land in question to the public improvement.  Morehead v. State Dept. of Roads, 195 Neb. 31, 236 N.W.2d. 623, 627.
[Black’s Law Dictionary, Sixth Edition, p. 158]


Tax Form Attachment, Form #04.201, Section 4: DEFINITION OF KEY "WORDS OF ART" ON ALL ATTACHED GOVERNMENT FORMS (OFFSITE LINK) - SEDM

Benefit:  Advantage; profit; fruit; gain; interest associated with a specific transaction which conveys a right or property interest which:

  1. Is not dispensed by an administrative agency of any state or federal government, but by a private individual.
  2. Does not require the recipient to be an officer, agent, employee, or “personnel” within any government.
  3. Is not called a “tax” or collected by the Internal Revenue Service, but is clearly identified as “private business activity beyond the core purposes of government”.
  4. Does not confer upon the grantor any form of sovereign, official, or judicial immunity.
  5. Is legally enforceable in OTHER than a franchise court or administrative agency.  That is, may be heard in equity within a true, Article III constitutional court and NOT a legislative franchise court.
  6. True constitutional courts are provided in which to litigate disputes arising under the benefit and those with said disputes are not required to exhaust administrative remedies with an executive branch agency BEFORE they may litigate.  These constitutional courts are required to produce evidence that they are constitutional courts with OTHER than strictly legislative franchise powers when challenged by the recipients of said benefits.
  7. The specific value of the consideration can be quantified at any time.
  8. Monies paid in by the recipient to subsidize the program are entirely refundable if the benefits they pay for have not been received or employed either partially or in full.
  9. A person who dies and never collects a benefit is refunded ALL of the monies they paid in.
  10. Participation in the program is not also attached to any other government program.  For instance, being a recipient of “social insurance” does not also make the recipient liable for unrelated or other federal  taxes.
  11. The term “benefit” must be defined in the franchise agreement that dispenses it, and its definition may not be left to the subjective whims of any judge or jury.
  12. If the “benefit” is financial, then it is paid in lawful money rather than Federal Reserve Notes, which are non interest bearing promissory notes that are not lawful money and are backed by nothing.
  13. The franchise must expressly state that participation is voluntary and that no one can be prosecuted or punished for failure to participate.
  14. The identifying numbers, if any, that administer the program may not be used for identification and may not be shared with or used by any nongovernmental entity other than the recipient him or her self.
  15. May not be heard by any judge, jurist, or prosecutor who is a recipient or beneficiary of the same benefit, because this would cause a conflict of interest in violation of 18 U.S.C. §208, 28 U.S.C. §144, and 28 U.S.C. §455.
  16. During any litigation that involving the “benefit”, both the grantor and the grantee share equal obligation to prove that equally valuable consideration was provided to the other party.  Note that Federal Reserve Notes do not constitute lawful money or therefore consideration.

Anything offered by the government that does not meet ALL of the above criteria is herein defined as an INJURY and a TORT.  Compelled participation is stipulated by both parties as being slavery in criminal violation of 18 U.S.C. §1583, 42 U.S.C. §1994, and the Thirteenth Amendment.

Receipt of the attached government application constitutes consent by the recipient of the application to use the above definition of “benefit” in any disputes that might arise over this transaction.  Government recipient and its agents, employees, and assigns forfeit their right as private individuals acting in any government office to define the term “benefit” and agree to use ONLY the above definition.

[Tax Form Attachment, Form #04.201, Section 4; SOURCE: http://sedm.org/Forms/04-Tax/2-Withholding/TaxFormAtt.pdf]


Socialism: The New American Civil Religion, Form #05.016, Section 5.1: Quotes from the Founding Fathers and Congress on "General Welfare"

“With respect to the words general welfare, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creator.”

If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress…. Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America.

“If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions.”
[James Madison. House of Representatives, February 7, 1792, On the Cod Fishery Bill, granting Bounties]


It has been urged and echoed, that the power “to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction. Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it… For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars… But what would have been thought of that assembly, if, attaching themselves to these general expressions, and disregarding the specifications which ascertain and limit their import, they had exercised an unlimited power of providing for the common defense and general welfare? (Federalists #41)
[Federalist #41. Saturday, January 19, 1788, James Madison]


Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.

They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please…. Certainly no such universal power was meant to be given them. It was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.

That of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please.
[Thomas Jefferson: Opinion on National Bank, 1791. ME 3:148; SOURCE: http://famguardian.org/Subjects/Politics/ThomasJefferson/jeff1020.htm and
http://thefederalistpapers.org/founders/jefferson/thomas-jefferson-opinion-on-national-bank-1791]


Mr. GILES. The present section of the bill (he continued) appears to contain a direct bounty on occupations; and if that be its object, it is the first attempt as yet made by this government to exercise such authority; -- and its constitutionality struck him in a doubtful point of view; for in no part of the Constitution could he, in express terms, find a power given to Congress to grant bounties on occupations: the power is neither {427} directly granted, nor (by any reasonable construction that he could give) annexed to any other specified in the Constitution.
[On the Cod Fishery Bill, granting Bounties. House of Representatives, February 3, 1792]

 


26 C.F.R. 1.1441-1:  Withholding of tax on nonresident aliens and foreign corporations and Tax Free Covenant Bonds

Title 26: Internal Revenue
PART 1—INCOME TAXES
Withholding of Tax on Nonresident Aliens and Foreign Corporations and Tax-Free Covenant Bonds

(c) Definitions—

(6) Beneficial owner

(i) General rule.

This paragraph (c)(6) defines the term beneficial owner for payments of income other than a payment for which a reduced rate of withholding is claimed under an income tax treaty. The term beneficial owner means the person who is the owner of the income for tax purposes and who beneficially owns that income. A person shall be treated as the owner of the income to the extent that it is required under U.S. tax principles to include the amount paid in gross income under section 61 (determined without regard to an exclusion or exemption from gross income under the Internal Revenue Code). Beneficial ownership of income is determined under the provisions of section 7701(l) and the regulations under that section and any other applicable general U.S. tax principles, including principles governing the determination of whether a transaction is a conduit transaction. Thus, a person receiving income in a capacity as a nominee, agent, or custodian for another person is not the beneficial owner of the income. In the case of a scholarship, the student receiving the scholarship is the beneficial owner of that scholarship. In the case of a payment of an amount that is not income, the beneficial owner determination shall be made under this paragraph (c)(6) as if the amount were income.

(ii) Special rules—(A) General rule. The beneficial owners of income paid to an entity described in this paragraph (c)(6)(ii) are those persons described in paragraphs (c)(6)(ii)(B) through (D) of this section.


IRS Website: Beneficial Owners and Documentation

Beneficial Owners and Documentation

Generally, you (the Withholding Agent) must withhold 30 percent from the gross amount paid to a foreign payee unless you can reliably associate the payment with valid documentation that establishes either of the following.

  1. The payee is a U.S. person
  2. The payee is a foreign person that is the beneficial owner of the income and is entitled to a reduced rate of withholding.

 

Generally, you must obtain the documentation before you make the payment. The documentation is not valid if you know, or have reason to know, that it is unreliable or incorrect. See Standards of Knowledge .

If you cannot reliably associate a payment with valid documentation, you must use the presumption rules. For example, if you do not have documentation or you cannot determine the portion of a payment that is allocable to specific documentation, you must use the presumption rules.

Joint Owner

If you (the Withholding Agent) makes a payment to joint owners, you need to get documentation from each owner.

Form W-9

Generally, you can treat the payee as a U.S. person if the payee gives you a Form W-9. The Form W-9 can only be used by a U.S. person and must contain the payee's Taxpayer Identification Number (TIN). If there is more than one owner, you may treat the total amount as paid to a U.S. person if any one of the owners gives you a Form W-9. U.S. persons are not subject to NRA withholding, but may be subject to Form 1099 reporting and backup withholding.

Form W-8

Generally, a foreign person that is a beneficial owner of the income should give you (the Withholding Agent) a Form W-8.
There are various forms in the W-8 series. The form to use depends on the type of certification being made. As used in this discussion, the term Form W-8 refers to the appropriate document. See Forms for Foreign Beneficial Owners for more details.

The following describe the specific types of documentation.

If certain requirements are met, the foreign person can give you documentary evidence, rather than a Form W-8.

Other Documentation

Other documentation may be required to claim an exemption from, or a reduced rate of, withholding on pay for personal services. The nonresident alien individual may have to give you a Form W-4, Employee's Withholding Allowance Certificate or a Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. These forms are discussed in Pay for Personal Services Performed.
Special rules apply to Forms for Foreign Beneficial Owners.
Refer to Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities, for more information on these forms and documentary evidence.

References/Related Topics

 

Page Last Reviewed or Updated: 24-Nov-2015

[IRS Website: Beneficial Owners and Documentation; SOURCE https://www.irs.gov/individuals/international-taxpayers/beneficial-owners