I beilieve the income tax is illegal. Is it manadatory that federal income taxes be deducted from a person's salary?
2007-04-17 08:56:36 · 9 answers · asked by Peg W 2 in Business & Finance ➔ Taxes ➔ United States
It is mandatory that an employer withhold based on the information you provide on your W4, If you claim exempt from having Federal Taxes withheld the IRS can issue a lock in letter after making a determination based on the taxpayer's Form W-4, the Service could issue a notice, commonly known as the "lock-in letter" . This notice directed the employer to disregard the taxpayer's Form W-4 and withhold using the marital status and number of allowances specified by the Service.
The employee will face a Fine of $500.00 for filing a fraudulent W4
Per Internal Revenue Manual IRM 5.19.11.3.4.1
2007-04-17 09:08:02 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Yes, tax withholding is mandatory.
You can only claim EXEMPT status on your Form W-4 if you had zero tax liability last year (by the IRS' rules, NOT yours!) and expect to have zero liability this year (again, using the IRS' rules.) Your employer is also required to notify the IRS of any apparent fraudulent withholding exemption claims and there is a substantial penalty for filing a fraudulent Form W-4.
Tax is due when the income is earned, not on the filing deadline. That's the reason for withholding from wages or the requirement to pay quarterly estimated taxes on income not subject to withholding.
You can "believe" that the income tax is illegal all you want, as long as you pay it. There is a boat load of legislation and case law that clearly refutes any argument you may care to raise but you're entitled to your opinion, misguided as it may be.
2007-04-17 09:14:59 · answer #2 · answered by Bostonian In MO 7 · 2⤊ 0⤋
You CAN claim exempt on the W-4, which would avoid having federal taxes withheld, but not FICA and Medicare, you can't avoid those. In addition, if you owe taxes on tax day next year, if you failed to have withholdings from your check, you will owe penalties and interest. You must pay in either 90% of the total you owe, or 110% of the amount you owed last year, which ever is lower, to avoid penalties and interest. There is an explanation of filing exempt on the W-4 form you fill out, read that.
2007-04-17 09:06:03 · answer #3 · answered by Robbert Hobbemeister 2 · 0⤊ 1⤋
You believe wrong!
Per the Constitution, a federal income tax is perfectly legal.
Many, many people have tried to claim otherwise but not one has been successful in getting out of paying the tax. Some have claimed they were "....too stupid to understand..." and some of them have avoided jail time but all of had to pay their taxes along with penalties and interest.
Pay your taxes. You will be much happier in the long run!
2007-04-17 09:49:26 · answer #4 · answered by Wayne Z 7 · 1⤊ 0⤋
You may make such a request. However, it requires a formal written request on a prescribed IRS form where you certify that you will owe no federal taxes for a specified reason.
2007-04-17 09:07:06 · answer #5 · answered by Homeslice 4 · 2⤊ 0⤋
I would just like to say that you can't "believe" something is illegal. That is not up to your beliefs, it is a fact. The income tax right now is not illegal, and saying you believe it is illegal just means you are wrong. You may WISH it were illegal, however.
2007-04-17 09:23:31 · answer #6 · answered by sword856 2 · 2⤊ 0⤋
Nope.....sorry. Regardless of whether or not you believe it's right, federal taxes are a mandatory item. Same goes for medicare and FICA taxes (even though medicare isn't likely going to be around for those people under the age of 40 who are paying for it now).
You can, however, adjust your exceptions on your payroll so that you get more back each pay period. That means that the federal government takes less out of each paycheck but that you'll most likely owe when it comes to tax time. Just make sure to allot for your payment come April 15th......they lean heavily on people who owe taxes and don't pay.
2007-04-17 09:03:40 · answer #7 · answered by soccerref 6 · 1⤊ 3⤋
You cannot request it if your state requires that you pay state taxes. If you are in a state that does not pay state taxes and you are getting them taken out then you should talk to your employer or IRS and get that fixed.
2007-04-17 09:05:08 · answer #8 · answered by I'm 1 up on you!! 4 · 0⤊ 0⤋
You can claim exempt from withholding, and they will not take any taxes out of your paycheck, but you are still responsible to file each year and pay what you owe, whether you feel its legal or not.
2007-04-17 09:02:21 · answer #9 · answered by smartypants909 7 · 0⤊ 2⤋