So starts this article by Devvy Kidd on the current state of affairs pertaining to withholding.
October 21, 2005
Well-meaning, desperate Americans continue to remain stuck in the mindset that some alternative taxing scheme replacing the income tax will fix the IRS problem. Such thinking is to accept defeat and remain slaves of the bankers. The international banking cartel that has been hijacking the wealth of the American people since 1913 doesn’t care if they steal the fruits of your labor via a direct federal income tax, flat tax or fair tax. Any of these schemes will only continue to enrich the international banking cartel, not fund the necessary functions of a limited form of republican government. Prior to 1913, we had no income tax because we had no central bank. Get rid of the unconstitutional “Federal” Reserve and there is no need for any of these traps called alternative taxing schemes.
The withholding scam is another tool being used to steal the fruits of your labor. So few Americans realize that this “withholding” scheme, which was hatched back during World War II, was a temporary “emergency tax” for the war effort. This scam called a “Victory Tax” has been anything but temporary. This taxing scheme has always been just another way to force you to slave for the banking cartel and pay for voluntary programs that you may never apply for to receive benefits. Employers do not understand the law, they’re too afraid to stand up to these mobsters at the IRS, and these scoundrels in Congress refuse to tell the American people the truth. They need to keep scamming the people to keep these failing systems alive until they retire with their big, fat government retirements and pensions.
Has your “representative” in Congress ever told you that no law compels a work-eligible man or woman to submit a form W-4 or W-9 (or their equivalent) nor disclose a Social Security number as a condition of being hired or keeping one’s job? With the exception of an order from a court of competent jurisdiction issued by a duly qualified judge, no amounts can be lawfully taken from one’s pay (for taxes, fees or other charges) without the worker’s explicit, knowing, voluntary, written consent. Employers are routinely told that they must, under certain provisions of the tax code, withhold taxes of all sorts from an employee’s paycheck.
The IRS will tell employers and employees that according to IRC section 3402(a)(1) of their code: “… every employer making payment of wages shall deduct and withhold upon such wages a tax determined in accordance with tables or computational procedures prescribed by the Secretary.”
However, this is what the law really says: No (federal, state, city or county) municipal corporation shall levy or collect or cause to be levied or collected any tax upon the income, or any part thereof, of any person, resident or nonresident (also known as the “Full Paycheck Law”). Employers are prohibited from taking amounts from pay for federal or state taxes, fees or other charges absent the lawful, knowing, written consent of the employee.
The Code of Federal Regulations clearly advises the employers at 26 CFR ?31.3402(p)-1(a): “An employee who desires to enter into an agreement for withholding … shall furnish his employer with Form W-4 (or its equivalent) for withholding. The furnishing of such Form W-4 shall constitute a request for withholding.” Then, 31 CFR ?215.2(n)(1) clearly tells the employers they cannot take amounts from the workers’ pay for any form of state tax unless the employee voluntarily elects to have such sums withheld.
Consensual taking from pay occurs only when an employee voluntarily elects in writing to volunteer to participate in any (federal, state, city or county) municipal corporate tax, program, insurance (disability, Medicare), trust (Social Security), including non-judicial tax levy, garnishment for taxes, tax offsets, tax interest or penalty and the employer consents to such a request.
Pursuant to 26 CFR ?31.3402(p)-1(b)(2), either the employer or the employee may terminate the withholding agreement (W-4 or its equivalent) by furnishing a signed written notice to the other. An employer cannot lawfully take amounts from the worker’s pay without the risk of being sued after the worker submits his/her written notice to terminate the withholding agreement (W-4 or its equivalent). Of course, the IRS will tell you different because their employees care nothing for the law, only their paychecks.
Joseph Banister, a certified CPA and former IRS criminal investigator for the IRS, quit his $80,000 a year job after learning during his intense research of serious constitutional questions relating to the federal income tax and the federal banking and monetary systems. After resigning, Joseph compiled his research into a report titled “Investigating the Income Tax: A Preliminary Report.” His findings on the legalities of withholding [a .pdf document] are contained in this superb work.
The bank is going to break [a .pdf document] when the first wave of baby boomers retire before 2008. We must dump this Congress (except Ron Paul and Tom Tancredo) and get constitutionalists elected in ’06 who will begin the process of fixing this mess. The alternative is a nightmare just waiting to crash down on the heads of an unsuspecting people.
Devvy Kidd authored the booklet, “Why A Bankrupt America and Blind Loyalty,” which has sold close to 2 million copies. She has been a guest more than 1,600 times on radio shows, run for Congress twice and is a highly sought after public speaker. To learn more about Devvy, please visit her website.