REFRESH: Payroll Tax Battle: The IRS "payroll tax" fraud scheme and how to beat it with LOW RISK W-2 Correction Form (Box1=0,Form 4852) and REFUND REQUEST (1040-X Amended Return)
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FIGHT! FIGHT! FIGHT! 🤛
Excise taxes are on certain products, goods and services like air transportation and telephone service. There is no excise tax on labor.
Normally, yes. But since tax on "labor capital" is a violation of 4th and 5th Amendment property and PROHIBITED, this is the trick that they played way back in the 1930s when they implemented the Social Security Tax (1935). Social Security Tax may also be an Excise Tax on "labor capital" or "labor services", but all occupations appear to be on that list with no one with a SSN EXEMPT. The coerced W-4 consent and intentional misclassification of all labor capital on the W-2 came later with all corporations forced to submit to the coerced fraud of the IRS or lose their business license or worse.
There was a list of occupations on the Federal Excise Tax List, passed into LAW by Congress a while ago. They update it periodically. This is how they claim jurisdiction over the labor of individuals within the sovereign states, even before the states were turned into corporations 15OCT1933.
Also, since you are technically owned by the state per your social security tax ID, you are a slave and your labor is claimed by the state as a "service" by default and by W-4 signature consent, technically making a tax on your "labor service" an Excise Tax.
Here's an example Excise Tax Schedule from 1991. It looks like most occupations and activities related to general work have been removed (or are absent), but there are older versions of this that detail numerous occupations subject to the Federal Excise Tax by being specifically listed in the Excise Tax Schedule published by Congress: https://dn721603.ca.archive.org/0/items/scheduleofpresen391unit/scheduleofpresen391unit.pdf
I suspect that the IRS felt comfortable with their level of coercion, and it is to their benefit to hide the fact that the payroll tax effectively got implemented originally using this excise tax loophole.
I'm glad you received refunds. This is not always proof of understanding everything correctly and so one must be extra cautious. Sorry I missed your earlier posts. I appreciate your hard work, but a little more is needed to protect yourself from getting slapped harder later. I give general principles and wait for people to ask questions to give them more guided direction.
What's definitely true is that filing a W-4 consents to let a workplace withhold money that can be returned if greater than tax liability; and one should submit Form 4852 and not form W-2 if one has received an incorrect W-2 (it's a courtesy if you also inform your workplace); and one should submit Form 1040X if one has determined that one's original filing is incorrect.
If doing so then ensure your logic is correct. Read the applicable law. I do answer questions about it.
Please DO NOT get hung up on "occupation" as that is not the nexus by which liability is established. It is NOT checked against some excise tax list. Do NOT say the employer isn't liable if it's not on an occupation list; the "employer" is generally liable for taxes on the same pay that the "employee" is, and the same determination of nexus is necessary for both.
DO NOT go around saying IRS jurisdiction is limited to some range, as that is regarded as frivolous. Don't say it's "federal land, federal employees, excise occupations" ONLY, as you're likely to be wrong. What is to be said is that IRS has jurisdiction to tax anything whatsoever that is in the form of an excise, which means your research needs to establish why they draw the conclusion that pay for work is in the form of an excise, and if you don't know why then you're likely to say it wrong. DO NOT go around quoting other people's "magic bullets" without looking at the law (SAL and Code) to find the definitions and scope of the things you're talking about. DO NOT put this kind of reasoning on a Form 4852 because it can trigger an attempt to fine you heavily for frivolous filing. To justify a W-2 correction, merely state what entries were wrong on the W-2 and what the correct entries should be. Your testimony as to what you assessed them to be is sufficient testimony to establish the record, though you may be quizzed on how you assessed to see if you understand the law correctly. DO NOT add frivolous categories or reasoning to bare statements of assessment facts.
DO NOT say "labor capital" is misclassified as income, it has nothing to do with labor or capital. Monetary value earned for labor may or may not be income. W-2 boxes 1, 3, and 5 refer to three different Code definitions of "wages" IIRC and can disagree with each other. If your pay for work is "wages", the box is correct to put that pay number there. If it's not "wages" you need to be able to prove that from the Code without making up things that aren't there like "labor capital".
DO NOT confuse terms of art, like "taxable income", with whether something looks like income or like taxable in ordinary human terms. The tax code doesn't use ordinary human terms, which is how the scheme works! It's frivolous to say "taxable income" isn't "taxable income" just because it doesn't agree with what other people might call taxable or income. "Taxable income" is only what the SAL and Code say it is, which IIRC is "gross income" less exemptions.
DO NOT say "income" is defined anywhere. Scotus routinely points out it's deliberately not defined by law because it's a constitutional term. Since the income tax is in the nature of an excise, income can mean anything whatsoever that can be excised (see IRC section 61 for inexhaustive examples).
It goes back very far. A failed attempt was made during War of 1812, a successful income tax during the Civil War. They all have been retconned to rely on excise categorization. SS is just an add-on to the scheme and shouldn't be treated as a jumping-off point. The current scheme IIRC relies on excise taxes on "employee", "employer", "employment", and "unemployment", variously and often contradictorily defined depending on the scope of each. Those terms of art establish jurisdiction, not other unrelated concepts like labor capital, or pay for work, or occupational categories, or SSN.
DO NOT engage theories of state corporations of 1933-10-15, state ownership of people, or other background. That may explain cabal doings but it's not the law and can be treated as frivolous. DO NOT say your W-4 signature makes your labor service an excise, you can't make something into what it isn't by a signature. Either it is or it isn't and that can be determined by law, and determining that is self-assessing.
If you steer clear of theory and quote the SAL or Code terms of art directly instead, you'll be able to avoid danger. Start by looking up what law requires "employers" to fill in Box 1 on the W-2 and what defines what they are required to put there, because if you wish to correct it via 4852 then you'd better know what it should be according to the law!
u/Mr_A u/schiff_for_brains
Good points here.
Note that the IRS is a fraudulent organized criminal operation and they will fabricate whatever they need to if they want to go after you. They do not follow the LAW nor the Constitution because that is their mission. They may claim they follow the LAW, but nearly everything they claim is LAW is just an IRS rule they made up which has now been invalidated as of 28JUN2024 with Chevron Doctrine strikedown along with 27JUN2024 invalidation of "administrative Article II courts" (SEC, EPA, IRS, etc) to declaratively impose fines and penalties without jurisdiction or due process.
The IRS must now sue you in Article III court and show standing. They cannot because you not paying taxes or other levies does them no actual damages, only theoretical since they just have the FedRes print money for any "shortfall". Also, any attempt by the IRS to prove the 3 parts of standing reveals their fraud scheme which they do not wish to do that in the public record (court filings); because then they get hit with a class action for civil and criminal fraud going back to 1913. Fraud has no statute of limitations.
Also, any IRS agent using nonlaws via noncorts to harrass you or impose penalties or fines is now without immunity and individually liable at statutory civil fraud maximum of 3x actual and 200x punitive damages they create per 01JUL2024 stripping of immunity of all Executive Branch (Article II) officers and employees for unofficial acts. Civil fraud individual prosecution of any IRS agent doing anything is the vector of attack here. In order for YOU to have standing, YOU must pay something to them when they demand it, small enough not to be too painful, but large enough x 203 to make a Civil fraud case worthwhile if they force you down that route.
I tried to goad them into going after me, and they would not take the bait. They are moving very cautiously, indeed, in the new legal landscape post 27JUN-01JUL2024 SCOTUS triumverate administrative power rollback. One wrong move now, and the IRS CORP ends up paying back all $ collected since 1913 + interest + loss of use to all US citizens and their descendants (estimated at $222 Trillion). But best not to sue them if possible because they would likely initiate a hit, especially if Pro Se.
In the meantime, one could go after and break their enforcement mechanism (administrative courts) by challenging them and enforcing 27JUN2024 SCOTUS ruling invalidating the use of administrative courts by SEC and get it applied directly to IRS. No more "automatic fines and penalties" generated from nonlaws using noncourts. But if they just send you a check everytime you ask for it, then all of this is a moot point, and they are effectively irrelevant anyway. They should NOT send you a check if your W-2 correction is wrong because then it is harder for them to take offensive action against you, legally, for something they, themselves did. All the IRS CORP has to do is "DO NOTHING AND IGNORE YOU" and just keep your money, but for some reason they are unable to do so when you do a REFUND REQUEST in this way.
Eh, parts of it operate that way, but when they do they can be caught if they go after people with enough resources and information to catch them. For the ordinary person earning pay for work, they have no interest in fabrication as it would backfire on them if caught.
Even if this were true, treating the IRS as a corporation gives one no advantage and can be ruled frivolous. The IRS is an agency authorized first as the Commissioner of Internal Revenue, and when it behaves Constitutionally, which it often does, it has the people's authority. That's why correct filing takes advantage of the fact that it often does behave Constitutionally (e.g. by refunding you, I presume).
I don't have direct comment on the mechanics of lawsuits. Generally, I think speaking of a 200-fold return is premature seeing the current legal climate, as government has clearly put steps in place to prevent some rogue judge from establishing a precedent that would tempt a hundred million lawsuits. I also don't think goading, or encouraging partial payment, is effective. Permitting withholding in the event of tax liability is not admission of status, but filing with additional partial payment is admission of status by self-assessment.
If your filing of correct self-assessments and correcting of errors in older information returns is working for you, then keep doing that. If it's not, then it's probably time to dialogue with others about why it might not be. Since you say "for some reason" they honor correct filings by agreeing with the self-assessment, it'd be good to learn why they do, wouldn't it?
The main point of the W-2 approach is to demonstrate that individual labor performed within the boundaries of a sovereign state and the proceeds thereof are outside the jurisdiction of the IRS CORP, except when voluntary consent is provided to be taxed (W-4, and failure to request REFUND). This is valid under both the Constitutional silo (common LAW, Article II), AND the CORPORATE silo (UCC/Executive/CORP bylaws).
Frankly, that's a frivolous position even if you remove the last word, and my tax comments on Scored are designed to discourage people from frivolous positions and encourage them to study the tax law for themselves. "Individual labor performed within the boundaries of a sovereign state and the proceeds thereof" is indeed subject to IRS jurisdiction under many nexuses, such as noncitizen status, federal employer, excisable activity, etc. When one makes a sweeping claim about what is outside jurisdiction, one is usually wrong. Work for pay is within jurisdiction for the purpose of considering nexus, and only if no nexus is demonstrated would it be shown to be work for pay as by natural right. The filing process involves declaration of nexus, and that's why I demand people know the law so that they don't declare nexus inaccurately.
It's not a matter of "consent" to be taxed, and W-4 and failure to request refund are not "consent" to be taxed, and silo theory is totally unneeded. Taxes apply, or don't, by objective rules based on whether there was a federal nexus; with or without W-4, with or without refund request, they might apply and they might not. It all depends on the events documented by the filings. If the report of the events demonstrated nexus, tax is assumed, even if the report is incorrect. A correct report of events demonstrates a correct assessment that cannot be gainsaid indefinitely. So all filers should be circumspect about reporting all events correctly as per the Code definitions.
I appreciate your letting me comment this boldly. You seem confident in your approach and not very interested in what I might say if I chose. However, for the sake of third parties, I'd be interested if you wanted to work through a line of questioning. I start by asking people something I said to you yesterday. Where in 26 USC does the government require a workplace to report to the IRS, such as via W-2, a Box 1 amount of "wages" paid to workers in certain circumstances? What are "wages" in Box 1 and what are the circumstances as defined by the Code? Why do Boxes 3 and 5 sometimes differ from Box 1, and where in the Code are these explained? One would think that if one is correcting a W-2, one would want to have these facts down cold.
NOT FINANCIAL ADVICE. CONSULT YOUR ACCOUNTANT OR TRY THIS METHOD WITH SMALL DOLLAR AMOUNTS TO TEST IT TO CONFIRM IT WORKS IF YOU ARE IN A RISK-AVERSE SITUATION.
Hang in there anons. I have solved the "payroll tax" fraud scheme, and will be posting the full template along with a gentle letter to employer as well as scripted letter to IRS in case of harassment. You submit a form 4852 (W-2 Correction Form) and 1040-X Amended Return to the IRS, and they send you a check for 100% of your payroll tax. The jist of it is the following:
"Payroll tax" is a Federal excise tax, and most occupations are NOT on the excise tax list. This is why the field "OCCUPATION" is listed on the 1040 right next to your signature field, it is checked against the Excise Tax List. IRS jurisdiction is only federal lands, federal employees, and occupations on the list.
IRS coerces your employer to commit fraud by intentionally misclassifying "labor captial" as "income" and fraudulently putting it into W-2 Box 1 as "taxable income". It is NEITHER taxable nor INCOME, and "taxable income" is a fictitious construct anyway as ALL "income" is taxable in one way or another because of its very nature decoupled from labor.
Per Section 2 of the tax code, the employer is responsible for 100% of the "payroll tax" only if the occupation is on the Federal Excise Tax List for the year in question. All corporations are within the Fed/IRS jurisdiction (incorporation authority and EIN), but you are not.
By voluntarily doing with-holding on W-4 you are consenting to pay the tax for your employer (you are also being coerced/tricked), but you can ask for it all back and the IRS must comply if you ask correctly.
"Labor capital" is monetary value earned in exchange for labor
"Income" is where you invest your monetary capital and receive a return, it is not the same thing. The return ONLY is "income", you expended or traded no labor for it. It came to you by way of an interest rate or percentage of your invested capital.
You owe NO TAXES to the IRS on your payroll if the following 3 items are TRUE:
----------a. You performed no labor as a Federal employee
----------b. Your labor was performed on private, non-Federal land
----------c. Your occupation while performing labor is not on the Fed Excise Tax LIst for the Tax Year in question.
The above 3 items are listed on the W-2 Correction Form (4852) as justification for the W-2 Correction. You send a courtesy letter only to your employer (IRS suggestion) instead of demanding a W-2 correction which they are unlikely to do anyway. This is the lowest risk way to get your payroll taxes back and NOT get fired by your employer for "being difficult" or other such fabrication. I managed to collect 100% of 2019-2023 without getting fired, and then was W-4 EXEMPT (Federal Only) 2024-25 since I owed no income taxes in previous year (2023, 2024). Delay your letter to your employer until AFTER you have received the check from the IRS or longer. It is not required by LAW for you to send it.
PAYROLL TAXES
Correct your W-2 and stop fraudulent misclassification of 'labor capital' as 'income'.
"FOR ANONS NEEDING IRS ASSISTANCE: Constitutional context letter DRAFT form you may modify that will likely resolve most issues presented by the IRS, and get you a $1000 payment form them." https://greatawakening.win/p/16aADrV8r4/for-anons-needing-irs-assistance/
"SUCCESS: Constitutional action against the IRS has been effective. I was refunded all taxes paid for recent tax year with W-2 correction to remove all "labor capital" intentionally misclassified as "income" by my employer [NOT FINANCIAL ADVICE]" https://greatawakening.win/p/16aA4T1R4C/success-constitutional-action-ag/c/
"Proof that "labor capital" is NOT "income" and payroll tax on "labor capital" is unconstitutional: "Congressional Record August 4, 1913-September 2, 1913: Vol 50, page 3844 (796/1069)": https://greatawakening.win/p/16aTa2wHK9/proof-that-labor-capital-is-not-/c/
IRS is wearing the wrong color hat.
It has been bleached in the salty tears of their victims.