|INSTRUCTIONS: 3.14. Change Your Filing Status to Non-resident Non-person and "Denumber" Yourself|
Related publications and articles:
When we say "change your filing status" in the title of this section, we don't mean to suggest that changing documentation is going to change who or what you lawfully and truly are, nor are we suggesting that you misrepresent your status or any of your lawful choices. Instead, we are referring to the fact that the you have been unknowingly filling out the wrong tax form, the IRS Form 1040, for most of your adult life, and doing so has caused the IRS to believe facts that were not in fact true about you. At this point in your reading, if you have followed the previous steps, you now know that:
This section will therefore show you how to correctly explain and document your truthful, lawful status on government forms so that you can immediately quit committing perjury under penalty of perjury and stop misleading the government about your true status. This will get you out of their databases and off the RADAR screen that you never should have been on to begin with if they had put the WHOLE truth in the IRS publications and quit lying to the public about what the law says. See:
We also emphasize that this section is intended for use by those who have lawfully exercised their political rights to follow all the previous steps in the process up to this point as best they can. If you haven’t done this, then please go back and make sure you have, because if you haven’t, then you may be committing perjury or putting false information on government forms by completing some parts of this step. We certainly don’t ever want that to happen, so please be careful because everything described in this book is meant only to describe lawful activities that are beyond reproach. For instance, if you haven’t completed the free Resignation of Compelled Social Security Trustee form:
. . .then you may still be a “federal employee” and therefore a “taxpayer” in certain circumstances. Therefore, following the steps outlined here in the sequence presented is important so you don’t discredit yourself or us, and so that you are never accused of committing perjury or fraud or violating any law. The content of this book is intended to keep you out of trouble and allow you to lawfully protect and defend your sovereignty.
The other very important thing to remember at this point, is that although this step, when properly done, is entirely lawful, it could easily be misrepresented by a corrupted government lawyer in court to “appear” unlawful. If this is done, and you haven’t done your homework and read at least chapters 3 through 5 of the Great IRS Hoax book, then he will victimize you in court with your own ignorance and then use that win as an excuse to call everything in this book or on the Family Guardian website a scam, which you know isn’t the case if you have read this far. Therefore, we cannot emphasize enough throughout this book:
If you own real property and the property has a social security number associated with it, you should write the county recorder and tell them that the SSN they have registered for you is wrong and needs to be removed, but don’t provide a replacement. By doing so, you are resigning from federal employment and changing the status of your real property from "public property" to "private property". Remember, the Social Security Number is identified in the regulations at 20 C.F.R. §422.103(d) as property of the government, which means that anything that has the number attached to it is devoted to a "public use" and comes under federal jurisdiction, which is very bad. We have a sample letter for doing this in section 3.6.11 of this book and also in electronic form on our website in the Sovereignty Forms and Instructions Online (https://famguardian.org/TaxFreedom/FormsInstr.htm). This will make it more difficult for creditors and especially the IRS to locate property they can illegally lien or levy. When we tried this, the county recorder called us back to ask for the new social security number, stating that we would qualify for a $70 annual homeowner’s exemption if we provided the number. They are trying to control you and the number makes it easier. We told them that we didn’t want the exemption and didn’t want a wrong number associated with our real property.
After you have removed your social security number from your real property, the next step is to remove it from all of your financial accounts. In order to remove SSN’s and TIN’s from your bank and financial accounts, you will need to declare yourself to be a non-resident non-person using the procedures we describe subsequently in section 18.104.22.168 . You will have a very hard time by any other method. We aren’t saying it’s impossible, but it is very difficult any other way. You will also make your task of obtaining an account easier if it is a non-interest bearing account, since this kind of account can have no tax consequences because it doesn’t earn interest. Without tax consequences, there is no reason for the bank to require an SSN anyway.
Most financial institutions will tell you that you can’t remove social security number from an existing account. In most cases, you will need to close the account and then open your new account without a social security number by providing an amended IRS Form W-8 or W-8 BEN documenting your “non-resident non-person” status. 26 C.F.R. §301.6109-1(g) allows that nonresident aliens do not need a social security number or other identifying number. Therefore, attempt to open the account first by walking into the bank with a W-8 BEN form. Most banks will have the form for you to fill out, but you might want to bring your own along. Use the Substitute W-8 for that purpose, which you can download off our site in the Income Tax Forms and Instructions area. If they give you a bad time about the foreign address you use on the W-8 form because you used an address within the United States*** (outside the federal zone), then refer to section 3.7.1, which has a sample letter you can use to send to your financial institution after your in-person visit that authenticates your non-resident non-person civil status and your lack of need to have a social security number. The simplest way to avoid having to send this letter is to ensure that you use a valid foreign permanent address in block (5). We’ll explain how to get one of these later.
Whenever the bank states that there is a legal requirement or liability for you to do something, insist that they at least tell you the Treasury Regulation and the section of the Internal Revenue Code from which the requirement derives. Be patient and polite but insist on them telling you the law. Most of the time, the clerk you are dealing with won’t know the law and can’t answer this question. Therefore, you should insist that they call the corporate legal counsel for assistance. Tell them you won’t leave until they answer your question.
Before you go to the bank to open an account without an SSN, grab a fine ball-point pen. When you try to open the account, the bank, if they know the law, will say that your account is subject to backup withholding under 26 U.S.C. §3406(a)(1), which states:
When you declare yourself a non-resident non-person to escape a requirement to use an SSN, the bank will ask you to prepare and sign an amended IRS form W-8BEN. This form is an IRS fraud and a hoax for several reasons and can be extremely damning if you don’t fill it out correctly. Read the entire form and attached instructions carefully before you fill in or sign anything. We have a sample form on our website of both the W-8BEN and the W-8 forms. The IRS commits a ruse and a hoax using this form because of the way it defines “beneficial owner”, which is as follows:
The beneficial owner is the person who is the owner of the income for tax purposes and who beneficially owns the income. Thus, a person receiving income as a nominee, custodian, or agent for another person is not the beneficial owner of the income. Generally, a person is treated as the owner of the income to the extent it is required under U.S. tax principles to include the amount paid in gross income on a tax return. A person who is the owner of income is considered a beneficial owner of that income unless that person is a conduit entity whose participation in a transaction can be disregarded. Generally, the principles of section 7701(1) and Regulations section 1.881-3 apply to determine if a person is a conduit entity.
The above underlined statement is technically incorrect and creates a false presumption (which amounts to duress and violation of due process) that the person in receipt of the income is liable for tax. You should therefore prevent yourself from stepping into this due process trap by carefully doing the following to your form:
1. Attach the W-8 Attachment form to your W-8, W-8BEN, or Substitute W-8 and put a mention of a note at the bottom of the form saying "Not valid without two page attachment entitled 'W-8 Attachment' which includes my signature" and get a double-sided photocopy for your records of everything you submitted.
2. Somewhere on the form in very small print where the clerk won’t notice, put the word “duress” and your initials, to point out that you were coerced into signing this form. This will invalidate the form for use as evidence in court, because everything used in court can only be used if it was submitted voluntarily, which means freely and willfully and without duress. Duress is the presence of unlawful force or restraint. See section 2.4.6, which talks about evidence illegally obtained through duress being inadmissible, in the case of Weeks v. United States. The coercion is as follows:
2.1. The IRS lied to you on the form with their definition of “beneficial owner”, because that definition is inconsistent with the tax laws as we explained.
2.2. The form is an unlawful demand for information about you that violates the Privacy Act, and therefore illegally encroaches on your Fifth Amendment right of non self-incrimination.
2.3. It is against the law for any government agency, and by implication any private company acting as an agent of the government by forcing signing of government forms, to compel disclosure of SSN’s when there is no demonstrated tax consequence to the transaction. Here is an excerpt from that section:
42 U.S.C. Sec. 408 provides that:
Whoever ... (8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.
3. In block (5), which is the "permanent foreign address", the address must list an address in a foreign country. We all know based on reading chapter 5 that even the 50 states qualify as foreign countries, but the ignorant bank clerk processing your form will freak out if you put an address in the 50 states. To avoid a scene and to avoid having to write a letter of clarification to the bank management to overrule the clerk found in section 3.7.1, put a real address in a real foreign country. Many people don’t have a real address they live at in a foreign country, but consider the following:
3.1. One option is to to look up a legitimate address in a foreign country on the internet and use that. Rooms or apartments for rent listed on the internet are a good source for this kind of information. If the address isn’t posted, then call the number and ask them for the address.
3.2. The form doesn’t say the permanent address in block (5) has to be a place where you live in the foreign country. It’s just a permanent mailing address. If you don’t have relatives in a foreign country, then you can locate an office services company like Postal Annex or or similar postal outlet with PO boxes in a foreign country, say Canada or Mexico. Then you can tell them that you need for them to be a forwarding agent for you at their office for a fee. Tell them you don’t want a P.O. box, but instead only need for them to forward your mail received at their office to the address you give them in the states. Some financial organizations won't accept a "Permanent address" that is a PO box on the W-8 form. For such a case, choose a mail forwarding service that doesn't use PO box numbers, but instead uses "Suite XXX" or something similar for the PO box number. That way the address doesn't raise any flags at the financial organization receiving your W-8.
3.3. There is no regulation or statute that requires someone to live in a foreign country in order to be a "non-resident non-person" or even a "nonresident alien". You can live in one of the 50 states outside of the federal zone and still be a non-resident non-person. When a bank told us the "Permanent Address" had to be outside the country, we demanded the Treasury Regulation that required this, and the legal counsel for the bank (Wells Fargo) gave us a fake regulation number that didn't even exist! The Treasury has exceeded their authority to instruct banks to expect this when you complete the W-8 form. This is a devious way to keep Natural Born Sovereign Citizens who expatriated their U.S.** citizenship from getting accounts without SSN’s.
3.4. If you filed the legal notice of change in citizenship document we recommend in section 3.6.8, then you shift from being under the jurisdiction of the United States** government as your “god” to that of the Lord Jesus Christ. Therefore, your permanent home is really in heaven and during your time on earth, you are just passing through. This is a religious belief that it will be very difficult for the courts to fight. For that reason, if you want to put an accurate statement on the form under “Permanent address” that is outside the country and outside the federal zone, you can put “Heaven” and be 100% accurate and consistent with your Christian beliefs! It would be very interesting indeed watching the IRS tangle with that approach in court without violating the First Amendment!
4. The W-8 form also includes a place for a “mailing address”. We make the following recommendations with respect to this address:
4.1. Use your foreign address if the financial institution will let you.
4.2. If the institution won’t let you use a foreign address for both your mailing and permanent address, then use a PO box address in the 50 states.
4.3. If you can’t use a PO box or don’t want to, as a bare minimum, at least append something to the end of your address to thoroughly confuse the government. For instance, if you live on “2565 Main Street”, then at least add something to the end of the address to make it appear that you live at a different location than anything else they might try to match up to this, like the IRS records. In this case, file your tax forms with the street address of “2565 Main Street, Apartment 35” and put on your W-8 forms “2565 Main Street, Apartment 60”. This way, they can’t use either the SSN or the street address to match things up. Do the same kind of trick with your phone numbers as well. For instance, give the IRS your work number and put your home number on anything else, or play with your pager and your cell phone numbers. There should be nothing that allows them to match the identities up between what's on the W-8, your employer, and the IRS. The IRS will be so confused they won't know which way is up!
Another trick the IRS and the banks pull with the W-8BEN form is to hand you a “Substitute W-8BEN” form which is entitled something like “Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and/or Foreign Person Claim for Exemption From Withholding on Income Effectively Connected With the Conduct of a Trade or Business in the United States”. That last phrase “Income Effectively Connected With the Conduct of a Trade or Business in the United States” is a trap, as we learned in section 22.214.171.124 of the Great IRS Hoax, where we showed you the legal definition of “trade or business”, which is a code word for the holding of a political office! If you aren’t a Congressman, then you shouldn’t be signing anything that associates you with a “trade or business in the United States” because you are in effect saying:
“I’m a taxpayer. Come rape me, beat me, and abuse me, because I don’t want any rights.”
Wherever you see that phrase “trade or business in the United States” on the form, you ought to line it out and replace it with “business in the United States of America” or line it out entirely and initial it. This is the only way to stay out of trouble and prevent committing fraud on the form.
Keep in mind that because the courts and the IRS itself have ruled that IRS forms and publications cannot be relied upon to sustain a position or a good-faith belief, then the very words on the form may not really mean what you think they mean! This is the same trick the IRS and the Congress played in the tax code. They could mean anything. For instance, they don’t define the term “foreign” anywhere on the form. It’s anybody’s best guess what that means. You shouldn’t rely even on the words contained in a form the government itself has said you can’t trust, should you? Furthermore, even the Form W-8BEN the government makes the bank give you does not meet the requirements of the Privacy Act, because it does not say whether it is “mandatory” or “voluntary” and does not contain an expiration date! They state under the Paperwork Reduction Notice at the end of the instructions for the form that you are “required” to complete the form, but they never cite the Privacy Act nor ANY law that makes you liable to complete the form. If you want examples of properly prepared Privacy Act compliant forms, refer to the Sovereignty Forms and Instructions Online area or our website and then select Evidence in the upper left corner. Scroll down to the bottom in the left window and examine several forms that are Privacy Act Compliant. The reason the government doesn’t put the notice on this form is because if they told you the truth, that completing the form is “voluntary” because no law makes you liable to fill it out, then no one would fill it out!
Therefore, the W-8BEN is a bogus (fraudulent) government form. You obviously can’t trust anything on a bogus and fraudulent government form. That means you can put whatever you want on the form and not be held accountable because you can’t trust what is on the form or even what it is that you are agreeing to. Below are some of the cites from which this position is derived:
"IRS Publications, issued by the National Office, explain the law in plain language for taxpayers and their advisors... While a good source of general information, publications should not be cited to sustain a position." [IRM, [4.2]7.2.8 (05-14-1999)]
United States v. Goldstein, 342 F.Supp. 661 (E.D.N.Y. 1972).
Regardless of what you put on your W-8BEN form, the form is considered confidential and the top says “Give this form to the withholding agent or payer. Do not send to the IRS.” Therefore, the government won’t find out what is on your form after you give it to the bank anyway. However, just to make sure your privacy is protected, you should insist on signing an Opt-Out form preventing the bank from sharing any information about your account with anyone without a valid court order. You would also be wise to put a copyright notice on the W-8 form you submit, telling the bank that they aren’t authorized to enter the information into any computer system or share it with anyone outside of their organization. Alternatively, you could use the “Service Contract With Financial Institution to Assure Security of Account from Unlawful Seizure, Lien, or Levy” found in section 3.7.2 of this document.
REMOVING SOCIAL SECURITY NUMBERS FROM MILITARY SERVICE RECORDS:
If you are or were in the U.S. military, you should send to them a DD form 149 entitled "Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552". Indicate on the form that the Social Security Number is incorrect and needs to be removed from your service record completely. If you are still on active duty, you should also check out your service record from the personnel department and then proceed to line out in thick black felt pen every instance of a Social Security Number on every form you ever signed. This will ensure that the number is never reintroduced into your service record again.
SOCIAL SECURITY NUMBERS AND EMPLOYERS:
You should not provide any social security or Taxpayer ID Number (TIN) to your employers or prospective employers when they ask for it, nor are you obligated to under law. As we mentioned in section 2.6.2 of the Great IRS Hoax entitled "Social Security is Voluntary Not Mandatory", you aren't obligated to provide a social security number to your employer nor to deduct Social Security taxes from your payroll. However, if you intend to ever collect Social Security benefits, there may be problems with the correct amounts being credited under your name without providing a social security number. Therefore, we recommend that you keep meticulous records of your social security contributions so that you can qualify for benefits later and get the right amount of benefits.
Internal Revenue Code Section 6109(a)(3) states:
Any person required under the authority of this title to make a return, statement or other document with respect to another person, shall request from such person, and include in any such return, statement or document, such identifying number as may be prescribed for securing proper identification of such person.
26 U.S.C. 6109(a)(3) (Supp. 1992)"
The IRS regulation interpreting section 6109 provides:
"If he does not know the taxpayer identifying number of the other person, he shall request such number of the other person. A request should state that the identifying number is required to be furnished under the law. When the person filing the return, statement, or other document does not know the number of the other person, and has complied with the request provision of this paragraph, he shall sign an affidavit on the transmittal document forwarding such returns, statements, or other documents to the Internal Revenue Service so stating.."
Treas. Reg. 301.6109-1(c ) (1991)
However, Internal Revenue Code Section 6724, 26 U.S.C. §6724 (Supp. 1992), provides for a waiver of any penalties assessed under this code section upon a showing of reasonable cause. Section 6724(a) provides:
No penalty shall be imposed under this part with respect to any failure if it is shown that such failure is due to reasonable cause and not willful neglect.
26 U.S.C. 6724(a) (Supp. 1992)
You should state to the employer that you recognize that honoring your request will result in them not being able to provide complete information on any 1099 forms they might submit about you to the IRS. However, you should try to reassure them based on the above law that this will not result in any additional financial or legal liability to them or to you if you provide a simple affidavit with your 1099 form (if requested by the IRS) explaining only the following facts (and nothing more):
If the employer wishes further reassurance, tell them to do a search for themselves on the phrase "1099" on the following website to look up all the Treasury/IRS regulations that pertain to 1099 forms.
There is an exception to this for Federal employees, who under 5 U.S.C. §8422, must withhold OASDI for Federal Employee Retirement System (FERS) employees. You can read a copy of this section of law at: http://uscode.house.gov/usc.htm. Below is a copy of that law:
"(b) Each employee or Member is deemed to consent and agree to the deductions under subsection (a). Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less such deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to any benefits under this subchapter, or under subchapter IV or V of this chapter, based on the service of the employee or Member."
DOD Financial Management Regulation, DOD7000.14-R, Volume 8, paragraph 0404 also requires DOD to withhold OASDI and Medicare from DOD employee pay. You can read a copy of this at: http://www.dtic.mil/comptroller.
RESPONSE TO FREQUENTLY ASKED QUESTION:
Some of our readers look at the Preface to this document and our statements about how liberty means “freedom with personal responsibility” and then say something like the following:
“On the one hand you say that everyone should be personally responsible for themselves throughout this book and that if they choose not to be, then they will have to exchange their rights for government privileges and thereby surrender their sovereignty to the government. At the same time, you advocate that everyone should eliminate their participation in Social Security and their Social Security Number. This would leave the government no way to hold people responsible and accountable for their liabilities, such as bank loans, credit card debt, court judgments, etc, and it would also make it much more difficult for the government to track down individuals. Without a unique and global number used for everything about that person, no one could track or account for your debts and responsibilities or recover them when they aren’t paid and you go into default. Doesn’t this accomplish the opposite result by undermining the ability of the government and financial institutions to hold individuals personally accountable for their promises and contracts? How do you propose to deal with the social problems created by people not having Social Security Numbers?”
This is a very astute observation that we are enthusiastic about addressing. First of all, there is no reason why the number that the banks use and the number that the government uses has to be the same or that it even has to be a national or single number for each person. We could have one number for government use and one number for private financial use, for instance. As long as these numbers are unique so that no two individuals have the same number, it doesn’t matter what the number is or who issues it. The networking industry has developed schemes over the last twenty years for managing unique numbers as Ethernet MAC addresses, and has assigning blocks of addresses to specific organizations and decentralizing the management and accounting of the numbers. There has never been the need for a national databank to identify specific users of the numbers so the industry has never developed one. The same approach can and should be used for banking and any other purpose.
The number used for financial institutions and credit can and should be issued by a private consortium and the data bank should be maintained outside of the jurisdiction of any government so that only the banks and financial institutions can use it or access it to ensure privacy. We will call the financial number the “Credit Identifier” for future reference, or “CI” for short and the person they are maintaining credit information about we call the “debtor”, and the Credit Agency shall be called the CA. The CI records themselves should be owned by the debtor and in the custody of the CA as their fiduciary. They should be stored on a USB flash drive provided by the debtor to the CA. Because that record would be private property of the debtor in the fiduciary custody of the CA, it would be a violation of the Fourth Amendment for the government as part of any legal proceeding to subpoena the records contained thereon, thus guaranteeing privacy. Remember that banks cannot refuse to provide data to the government when subpoena’d, but only if the data and the records they are providing are the property of the business and not the debtor! The CA should have a fiduciary relationship with the debtor, and the written agreement between the CA and the debtor should say that the records belong to the debtor, and that only the fiduciary CA can change them, but is excluded by contract from giving away your property, which is the USB drive you own that contains your data. No standards should be published to enable debtors to go in and make unauthorized changes to the electronic record. Furthermore, it should be against the law for government agents or employees to access the credit history, because it is only used for obtaining credit histories, and not for any other purpose. This would prevent a conspiracy against the right of privacy between financial institutions and the government, and would prevent the government from searching and seizing our records from businesses with impugnity, or using the records the government maintain on us to help the financial institutions. This might put somewhat of a damper on the loan industry, but people could still borrow money and maintain credit histories that only financial institutions could access.
As far as Social Security Numbers used by the government, we propose that participation in the Social Security program be voluntary and that the Social Security Agency cannot share information about SSN’s to any other federal agency because it would violate the Privacy Act, 5 U.S.C. §552a(b). Without a liability statute under Subtitle A of the I.R.C., the IRS has no lawful authority to request or provide any information to or from the Social Security Agency (SSA) for either criminal or civil enforcement purposes. Furthermore, the IRS isn’t an enforcement agency and doesn’t come under the Undersecretary for Enforcement inside the Treasury. Look at the diagram below for proof:
Also remember that the IRS is not an agency of the federal government because 5 U.S.C. §551(1)(C ) says that governments and agencies of the territories of the federal United States are excluded from the definition of “federal agency”. Therefore, the IRS and the Social Security Administration have never had the lawful authority to share information between them about Americans in the context of Subtitle A income taxes, even if they volunteer to be “taxpayers”. Since they can’t share information legally under Subtitle A without a liability statute, then these agencies don’t need SSN’s to do computer matching of records they maintain about individuals anyway! Therefore, the IRS should not and need not have the same number as the SSN for biological people.
Furthermore, the Privacy Act does not authorize the Social Security Administration (SSA) to share information about your records with state law enforcement or other federal agencies unless you have committed a crime under federal jurisdiction or permitted them to by signing a consent decree, which you should not do. If you aren’t a “U.S. citizen” but a “national” or "state national" as we recommend being in this book, then only under extremely rare circumstances would you ever be subject to the jurisdiction of the federal government. Consequently, the IRS and the SSA would have to operate alone and not conspire against your privacy by sharing information about you either between them or with agencies, law enforcement, or businesses in the states. Payment of federal income taxes under Subtitle A could then not be tied to payment of Social Security taxes or receipt of SSA benefits because data couldn’t be matched between agencies. Each agency would have to pursue collection activity and enforcement actions independently, and could still prosecute wrongdoing and hold people responsible, but it would be a little less convenient and less susceptible to automation or information sharing. This would significantly enhance privacy and the government’s control over your life without allowing people to be irresponsible about their financial obligations to the federal government.
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