stija
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You have no right to operate or drive a motor vehicle on state or federal highways. It is a privilege that can and was revoked in your case.
I have not done any research on this topic but i do believe that you should be informing them that you have a God given constitutionally protected right to travel by any means on public (you paid for) roads. This right to travel is NOT to be confused with the privilege to operate/drive a motor vehicle. You may want to ask of them to show you which of their codes/statutes prohibit or restrict or administer your private right to travel by any means including a privately owned and NOT registered automobile.
Just my .2c
Ron Paul and Jesse Ventura? That sounds so damn good.
Good for him. And a big thanks to him for standing up for his and our rights.
Is this a joke?
This could very well be a true story.
I can't think of better evidence of being a non U.S. Citizen than losing it in the courts or having it taken away by the U.S. Gov't. Where do i sign up???
Neo,
Let's not confuse nationality pursuant to Title 8 and ones domicile pursuant to Title 26 or involvement in a taxable activity such as “trade or business” franchise. Whether i was a romanian illegal immigrant or a legal permanent resident in regards to Title 8 and the USA, my private conduct within a union state is not within jurisdictional authority of the IRS and Title 26. One can be a green card holder per Title 8 and a nonresident alien per Title 26.
Furthermore, first filing was accompanied by forms 4852. The subsequent ones did not include such forms and were done in accordance with the information we now know to be correct. I did file this way after naturalization as well and it didn't seem to matter.
My belief is that as long as someone reports on you to the IRS that you made wages, you're done. You can't reason with a gangster who's got bigger gun.
Wow! I think there is more to the story than we are led to believe.
Neo,
I'll first address the 5000k civil penatly. You are correct in that i did file 1040 returns for the first two years while i was ignorant. Thus i elected to be treated as a resident alien pursuant to 26 something (I am not looking it up now). So yes, i kind of screwed myself in the process.
HOWEVER, when i finally filed 1040NR the following 3 years I revoked my election pursuant to 26 CFR § 1.871-10(d)(2)(iii). It didn't seem to matter. We both got penalized 5000$. The whole time i was “alien allowed to work” with SSA. Only recently have i changed my status with the SSA and that was only because i wasn't proactive and was forced into it by my new private employer. Like i told you, the low level clerks you deal with in thh office will NOT accept your election because your documents do not support that election (according to them).
As far as the conversation between the Acme Inc. and the IRS man, I never was a U.S. Person/Citizen until early 2011 in SSA records. So that scenario doesn't really apply. I did however indirectly elect to be treated as a U.S. resident for tax purposes 2 of the first 5 years.
Neo, i understand your dedication and drive, but we are dealing with a renegade agency of the Federal mob. The only rules that apply are the rules that they choose to apply. Unfortunately i don't think that they will let anyone step out of the system. Heck, if i knew they wouldn't keep sending me 5000$ penalties, i would pay them and be done with it. But who can guarantee that they won't send me a paper again. And again. And again. This is a joke really.
I feel that the only way out of this system is not to step or play into it at all. Like i said, one needs to explain and convince a prospective payer about not reporting and why that is so. Only then is one left alone.
As far as our Acme Inc. and IRS man conversation scenario, how would Mr. IRS man even know about Mr. Stija and Acme Inc. if no form was filed or W-8ben was filed and kept in Acme Inc. files? He wouldn't. Acme Inc and Mr. Stija are left alone because they do not exist as far as Mr. IRS man goes.
Neo, i think you are wasting your energy and time with government agencies and officials who are not only brainwashed but depend on the system and will get severely penalized if they go against agency POLICIES not law. Think about it. They can and will do whatever they want because they are backed by the U.S. Dept of Justice and have an unlimited budget.
Don't get me wrong, i agree with everything you stated so far. But like i said, i think you are playing with the devil and any time we play with the devil we get burned. Go ahead and try changing your status with the SSA and see if it makes a difference. I am not even sure you will successfully change it but i can guarantee you that the IRS frivolous penalties will keep coming. I told you that i tried and they looked at me like i was trying to pull some kind of a scam or something, like i am crazy. For all i know, it may work if you send it in and explain what you're doing. In any event keep us posted. I sure like to know about these things.
If you have any other questions that could shed some light or help you understand something feel free to let me know.
I actually went to sleep and could not stop thinking about this. In a nutshell i think we got this wrong. We are looking for a solution within the matrix (federal system) when we are/were actually outside.
First, you or I do not need a 'work permit' or an authorization to use our property/labor to contract with other private parties. Therefore the whole premise is faulty and we need not look how to properly fill out their forms unless we need something from them or are contracting with them. What i do for you or your private company/business whatever it is, is between me and you and the feds have no jurisdiction or any authority over that whatsoever. So this goes back to explaining/convincing your private employer that no federal form is required to be filled out and if he still insists on you giving him one that the only appropriate form then is w-8ben. And it is crucial that he understands what that form does and does NOT report. Anything else will fail and bring you into the matrix.
Secondly, if you believe that there is a way out of the system or a 'legal remedy' provided to all of us who are diligent enough to find it, you are fooling yourself. As i stated above, if you're playing with them and their rules/remedies/laws you are already in the system. It's like entering the Mafia and then expecting them to honorably discharge you because you entered voluntarily and now want to exit voluntarily. We both know it ain't going to happen and someone's going to lose their head. Guess who it will be.
The closest thing to a legal remedy you get is court action in their courts. Can you guess who usually wins?
- 'neo' wrote:
Stija, what you should have done is keep the original card that mandated evidence for “authorization to work” as an accompaniment. Notice what acts as the first and foremost document evidencing a write-to-work status on Form I-9 instructions — a U.S. Passport. Had you still had that status with the SSA, they would have no CSP Code to accompany your “wage” information when sent to the IRS. Then, a subsequent 1040NR filing would have no way of being flagged by the IRS. E-Verify results also cannot be used to discriminate those seeking “employment.” The U.S. passport is your ticket to a right-to-work status, regardless of what the dolts at the SSA say.
Once the SSA CSP Code properly reflects your “alien” status, you're good to go. Just follow the IRS' regulatory guidance by filing the appropriate tax forms (W-4, W-8, 1040NR) and now the government is fresh out of “U.S. person” evidence against you! Use a copy of your Numident and IMF to change your status with the DMV and prove your status to banks and private-sector payers. Give them copies along with your SSA-Free W-8BEN mod and they are 100% indemnified. But if the SSA still thinks you are a “U.S. Citizen” the filter in the system will flag you as frivolous. If SSA administrators balk, it will be time to conduct a hearing under the Administrative Procedures Act under Title 5. If that doesn't work, Federal District Court will be next.
Didn't even think about this until you mentioned it. I have filed 1040nr in the past while still having the SSN with “valid with authorization for work only” and while classified as “alien allowed to work” with the SSA and I was still assessed the 5,000$ penalty, each of the three years. The ONLY thing that was different between my spouse (U.S. Citizen with SSA) and myself was that one year (the third one) they actually sent me a 1040NR – Nonresident packet. It was addressed to me only, if memory serves me right. I will try and find it somewhere.
I will comment some more but i just got off work and am exhausted.
Great work Neo. I am very appreciative of your dedication and work.
However, I have some questions. Firstly, have you tried correcting your status via ss-5 form? See, what you are proposing dawned on me on the actual day of my naturalization in court as the main clerk had us all fill out ss-5 (or some other form) to correct our status with the SSA to the U.S. Citizen. I then noticed that there was the option of “alien autorized for work” and kept my form blank. He even confronted me and said that i should fill it out there and then and he would take them and send them in. You know what, I am lying, it was actually someone from the SSA office who came in and handed out these forms and then taught us on how to fill them out “properly”.
Anyway, fast forward about 1.5yrs and me switching employers. My new private payer wanted me to obtain a new SSN card because my had the “Valid with work authorization ID only” printed on it. See, to obtain that SSN card i checked the “alien authorized for work” long time ago. Which brings me to my question. Have you tried using the SS-5? If so, did you get a new SSN card? What documents did you submit with the SS-5 as proof of your “alien allowed to work”?
I can tell you from personal first hand experience just 5 months ago that the local SSA office would not process the SS-5 with “alien authorized for work” selected along with the U.S.A. Naturalization certificate as proof of that status. To them I am a U.S. Citizen and they will not and cannot accept it. They care not what my arguments are. If i want to be an “alien authorized for work” i need to submit any of the multitude of visas, green card or authorization for employment card.
Now if this worked, and it might if you send the ss-5 by mail with a short affidavit and legal authority explanation of why and what you're doing, this doesn't really solve anything. The most important piece of the puzzle is the w-4 vs w-8ben form you hand in to your employer. And even more important is what they decide to do with it.
See, whether you're “alien authorized for work” or “U.S. citizen” your new private payer has no idea about it and is still going to ask for a w-4. So it boils down to explaining and convincing your new boss to accept the w-8ben and not report because not required. IF you succeed at that, all else is irrelevant really.
I am not trying to criticize or contradict anything you said, in fact i agree with it 100%. Lately I have been trying to approach this from a logical and practical perspective instead of purely legal because legal didn't really work for me. I feel that the bottom line and most important piece of this puzzle is that W-8ben form or actually convincing them that neither you nor them are required to fill out any federal forms while contracting with each other. You do this and you are out of the system or off the radar. I think we need an approach that gets the job done while maintaining legality.
If i am mistaken in my practical analysis feel free to correct me or explain otherwise. As i see it, this may only (and I emphasize MAY) remedy the frivolous $5000 penalty all nonresident aliens get assessed when they file 1040nr without correcting their status with the SSA and IRS.
Thanks Bing.
I'll send them a lovely notice soon.
That's great but in Hansen's case he was protecting his property from being shut down or taken away.
In this private individual's case he would be suing to get some of his property back, among other things, and by having the suit rejected and issuing his own order would still leave him empty handed.
I do understand what you are saying and I agree with it, unfortunately I just don't think that a government agency would act without a court order which means that the sovereign is at square one again. He is right, he knows it, the legal evidence shows it and so does the default ruling yet somehow he is out his XYZ property and is no closer to getting it back.
Quick and simple response. Thank you.
One more question for a possible quick answer. Does a state court have authority to refuse to accept or hear a civil case just because?
