Date: Thu, 18 Mar 1999 13:12:57 -0800 From: Paralegal Subject: Re: stop W-4, W-9 & SSN disclosure Sad, but true. Practically all companies depend on the wrong information provided to them by their "tax professionals" (attorneys and CPA's) regarding the worker's rights pertaining to taxes (withholding and reporting). Whether you go in with the proper forms as I outlined yesterday to become a new worker/contractor, or update your files to keep your current job, the company usually retorts they must "by law" have the W-4 or W-9 and the SSN on file. WE the PEOPLE are fully aware no law requires the "Protected Individual" to submit a Form W-4 or Form W-9 or to even have a SSN. Hmmmm, sure sounds as if certain "tax professionals" may be guilty of malpractice and negligence. Your decision is whether you want to exercise your rights to stop the withholding of social security and income taxes (federal and state); stop the annual issuance of Form W-2 and 1099's; and stop the company from fraudulently reporting "wages" on their quarterly IRS Form 941. If you feel confident about exercising your rights, and the company hasn't given you the I-9, ask them for the DOJ (Dept. of Justice) Form I-9 or (take your own). They are supposed to give every worker one in addition to the W-4 or W-9. Download the double-sided form at http://www.ins.usdoj.gov/forms/download/i-9.htm and highlight the ANTI-DISCRIMINATION notice at the top of page 1. Politely point out this very important paragraph and advise them as a "Protected Individual" they cannot by law, require you to submit any form as a condition of employment. Provide them with your "Attestation of Employment Authorization" as described in 8 U.S.C., Chapter 12, Subchapter II, Part VIII, 1324a(b)(2) located within the following site: http://www4.law.cornell.edu/uscode/8/1324a.html and reads as follows: (b) Employment verification system The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) of this section are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs: (1) Attestation after examination of documentation (A) In general The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining - (i) a document described in subparagraph (B), or (ii) a document described in subparagraph (C) and a document described in subparagraph (D). A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document. (B) Documents establishing both employment authorization and identity A document described in this subparagraph is an individual's - (i) United States passport; [1] [1] So in original. Probably should be followed by ''or''. (ii) resident alien card, alien registration card, or other document designated by the Attorney General, if the document - (I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, (II) is evidence of authorization of employment in the United States, and (III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. However, because you are interested in working for the company (it's called survival), you state your desire to "Voluntarily" comply to establish additional proof of both your identity and employment eligibility; them simply show them your current (or expired) passport, which is an acceptable document to substantiate same. If one is forced to submit a Form W-4 or Form W-9, fill one out. No law requires you to complete page 2 nor any of the Personal Allowances Worksheet (Items A-H) on page 1. (I'm referencing the 1999 Form -W4 here). In the space for the SSN, you may print the words, "Not required by law, per 8 U.S.C., 1324(a) and Privacy Act of 5 U.S.C. Annotated." (yes, the space is limited, but let it flow down into Item #3 (marital status) and #4 because your status is really of no significance in this matter. Ignore Item #5 & #6. On Item #7 NEVER, NEVER write "Exempt." Instead, you may indicate "Not subject to unauthorized withholding and social security taxes." Again the space is limited, so let it flow into the signature area. Date it and sign it "Under Protest as demanded by company as a condition for employment." NEVER sign "Under Duress." You'll may receive correspondence from the company notifying you of their refusal to accept your documents. Save it for evidence to use against them when you decide to sue them for a number of violations of laws and your rights. If you get a call, instead of written notice, suggest to them they provide written documentation of what it is they want from you and why they have refused your documents, so there is no confusion or misunderstanding about their employment practices. I doubt they'll want to give you evidence you can use against them, but as a worker, you can and should demand it. They are required by law to disclose all employment policies which pertain to you. Hope this helps, J Simms -----Original Message----- From: Rudge Shephard Date: Thursday, March 18, 1999 11:40 AM Subject: Re: stop W-4, W-9 & SSN disclosure they [prospective contractor/company] will still look at you and say, "Well, we have to file >one or we 'get in trouble'". They may also say "Well, I'm not a lawyer, I >still need you to fill out the w-4." At least then you have a job with them and firing you is much more difficult than not hiring you in the first place. Downside is that the form will be filed anyway and the w-4 termination will likely >not eliminate SS withholding. Basic problem? Sheeple! > >Shep > >=================================================== http://www.preferredservices.org/Ax_the_Tax.1.html Stop the fraudulent withholding of social security & income taxes each pay day. No law requires most workers to have a SSN or to submit a Form W-4 or W-9 as a condition of employment or to keep your present job. Check out information about your rights. ===================================================