|FORMS: 4.8 Revocation of Election by Nonresident Alien to treat Real Property as "effectively connected to a trade or business" in the "U.S. government" and NOT the "geographical United States"|
The form below is described in:
The following memorandum describes the only proper status of those born or naturalized in a constitutional state and domiciled there. It concludes that such parties are NOT any of the following if they are not physically present within the statutory "United States**" (federal zone or U.S. government) and not consensually doing business there as: statutory "individuals", statutory "aliens", or even statutory "nonresident aliens":
This form would therefore only be submitted by an ALIEN DOING BUSINESS with the federal government corporations and receiving payments from that government. This is confirmed by the definition of "individual" found in 26 C.F.R. §1.1441-1(c)(3)(i), which defines "individual" as an "alien". Such payments are called "U.S. sources". By "U.S.", we mean that defined in 26 U.S.C. §7701(a)(9) and (a)(10) as the District of Columbia and NO part of any state of the Union. With respect to these areas, state nationals are "foreigners" but not statutory "aliens":
Those who are state nationals doing business with federal corporations domiciled on federal territory is described in the case of Brushaber v. Union Pacific Railroad, 240 U.S. 1 (1916), in which a state national domiciled in New York invested in a federal corporation that was a railroad and which was domiciled in a federal territory at the time of its creation. Such a party is a "foreigner" but NOT an "alien" or a statutory "individual". Sections 4 and 5.5 of the above document define what "United States**" and "U.S. source" mean within the Internal Revenue Code. It has NOTHING to do with a geographical place and everything to do with doing business with a "foreign corporation", which is what the federal government is:
The result of filing this form is to restore the status found in 26 U.S.C. 7701(a)(31) to your otherwise PRIVATE property.
That status is called a "foreign estate". In accordance with 26 C.F.R. §1.871-10, it is to be submitted ONLY if you are a nonresident alien who previously made an an "election" on a tax form to treat real property as "effectively connected with a trade or business" (public office) . Once such an "electIion" has been made it must be revoked. Those in constitutional states or whoa re not aliens cannot lawvully make such an election because their rights are inalienable per the Declaration of Independence.
Private employers in states of the Union should not be requiring W-8 Forms of state nationals because they are not lawfully appointed as withholding agents and are not within the statutory "United States**" (federal zone). Nor should they be reporting payments to you and are committing a crime of they do, as described in:
You should save a certified copy of this form for your records to ensure that you have evidence to defend the status of your citizenship in court should you ever need to litigate against the IRS.
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Subject: Notification of Revocation of Election and Request for Concurrence and Update the status of my Real Property
Ref: 26 C.F.R. §1.871-10
In accordance with 26 C.F.R. §1.871-10(d)(2)(iii), this letter is being submitted in pursuit of a Revocation of Election to treat any or all of my income and assets as a nonresident alien from being considered by the IRS as “effectively connected with a trade or business in the ‘United States’”, as defined in 26 U.S.C. §864(b). Information about myself in fulfillment with the above C.F.R. is as follows:
1. Name: ___________________________________________(full name, including middle name)
2. Address: __________________________________________________(full address)
3. Former SSN (no longer active): _________________
4. Applicable taxable year(s):__Current taxable year and beyond__ (must be submitted not later than 75 days after the close of the first taxable year for which it is desired to make the change)
5. Grounds for the request: My constitutional right to life, liberty, pursuit of happiness, privacy, respect, the fruits of my common right labors under common law, and the right to own and control property (including labor and the fruits of my labor) without any interference from government, or requirement to report, account for, such income or assets on such property.
This letter is by no means an admission in any way that I ever made a Election to treat any of my income or assets as effectively connected with a trade or business in the United States, but instead is submitted to ensure that my status is properly reflected in your records and that you do indeed concur with and respect this notification of request for your concurrence. I do not now nor have I ever lived in the ‘United States’ as defined in 26 U.S.C. §7701, nor do I have any intentions of doing so in the future. I am sorry if I ever gave you the idea that I did by, for instance, mistakenly filing an IRS form 1040 in the past, which was the incorrect form. The correct form is and always has been the 1040NR form.
Please note that I already have an IRS form W-8 on file with my FOREIGN employer and have accurately declared myself to be a Nonresident Alien. I reside outside the foreign jurisdiction to which the Internal Revenue Code (IRC) operates, which is the District of Columbia and federal territories:
Thank you for your prompt and expeditious processing of this Revocation of Election. Please forward your certification and response to my address above. I respectfully request that you give a detailed explanation and legal justification of any determination or basis you might make regarding the disposition of this notification. This includes citing any authority you are exercising and the regulation or statute from which it derives, as well as any court cites, Treasury Decisions, etc that may be relevant to the foundation of your delegated authority for making a determination of disposition. This letter shall serve as formal legal notice that if you DO NOT respond within 45 days, then by your default and silence, the Revocation of Election is granted and there is no need to further contact us.
I affirm, under penalty of perjury, under the Common Law of America, without the "United States", that the foregoing is true and correct, to the best of my current information, knowledge, and belief, per 28 U.S.C. 1746(1); and
I now affix my own signature to all of the above affirmations WITH EXPLICIT RESERVATION OF ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)
I do hereby certify that I am an adult over 18 years of age and have served _______________________________________________(name of agency or person served) with a true copy of the within document (circle one) (personally)/(by Certified Mail with Return Receipt Requested)/(by dropping in the U.S. Mail in a sealed envelope) to the address above, from _______________________________________________________________ (location, city and state mail was sent from).
Witness my hand and official seal.
Signature of Notary:_______________________________________
I do hereby certify that I am an adult over 18 years of age and have served _______________________________________________(name of agency or person served) with a true copy of the within document (circle one) (personally)/(by Certified Mail with Return Receipt Requested)/by dropping in the U.S. Mail to the address above, from _______________________________________________________________ (city and state mail was sent from).