is it voluntary to pay taxes?

Question

I have had a couple of people claim that paying taxes are voluntary? Sounds strange...can you elaborate?

Answer 1

Sure it's voluntary that you pay taxes, but it's mandatory that the irs comes after you if you don't. And it's mandatory that they hit you with interest and penalties if you don't pay. And it's mandatory that they hit you with fines if you try and putting forward those tired and lame tax protestor arguements that paying taxes is voluntary.

Answer 2

All of your answers are correct so far you voluntarly fill out the forms and file on time with the proper tax attached and/or request for a refund which more than likely if you thought was due you would have filed anyway so the question isn't really a question.
How does the IRS know you more than likely owe tax on something? Well now you're getting down to the real thing to be aware of.
1. Do you have a Social Security Number? [Darm right you do if you live in the USA]
2. Do you work at any job that pays you a wage? [Than you have taxs, society security, and medicare payments taken out and reported via computer to the IRS.]
3. Do you have a bank account of any kind? [More than likely you do that's reported also.]
That's the three main items the IRS knows about you all tied to your SSN and come April 15th the IRS expects to see an accounting of all of it. So just because you think you owe nothing you'd better check and file at least a 1040 EZ form.

Answer 3

Yes and no. In the US, we self-assess our income taxes. You do that by filling out the appropriate tax forms and submitting them. That's the 'voluntary' part of the tax code.

(By contrast, in Germany the filing of the returns is mandatory and all returns are subject to 100% audit. If you don't file a return by the due date, the tax authorities WILL be knocking on your door!)

If you don't file a return when it's due the IRS will file one for you using the information that they have available. In nearly all cases, that will result in a much higher tax liability than you would have faced had you done it yourself. The IRS doesn't have proof of your marital status, number of dependents, or most of the information on itemized deductions and the various credits that you may be entitled to so their calculations will be as high as the law allows.

However, if the IRS instructs you to file a tax return then it becomes mandatory. It is also mandatory that you properly complete all tax forms accurately to the best of your ability. It is also mandatory that you pay the required taxes when they are due.

Answer 4

It is not voluntary to pay taxes, the system of reporting is self assessment--people figure out what they owe under the tax laws and report to the IRS that amount. The IRS can challenge that amount by audit

Answer 5

A former IRS Commissioner made the statement that our tax system is based on "...voluntary compliance.."

Tax Protesters taken it out of context and have interpreted this to mean that paying taxes is voluntary. This is untrue.

What he meant was that each and every one of us can choose how we have our taxes prepared. We can do them our selves on paper or by software or we can have any of the various professionals (HR Block, CPAs, etc.) prepare them for us.

Many people have tried to use the "taxes are voluntary" defense in court and not one of them has ever won.

Answer 6

I would gladly give my federal income tax money that I voluntarily would not pay to my local government and state government. I'd much rather have it used to help those immediately around me than places I have absolutely no control over. Wait a minute, that's kind of what the founding fathers had in mind when they wrote that little read document, "THE CONSTITUTION". Oh well.

Answer 7

No, it is not voluntary to pay taxes.

Many tax protestors take some quotes out of context. One of them is the following sentence from Flora v. United States, 362 U.S. 145, 175.
“Our tax system is based upon voluntary assessment and payment and not upon distraint.”

When someone claims in court that income taxes are voluntary, the courts will explain that income taxes are mandatory and not optional.
In Schiff v. United States, 919 F.2d 830, 834 (2nd Cir. 1990).
“The payment of income taxes is not optional ... and the average citizen knows that payment of income taxes is legally required.”

In United States v. Hartman, 915 F.Supp. 1227 (M.D.Fla. 1996). “Any assertion that the payment of income taxes is voluntary is without merit. It is without question that the payment of income taxes is not voluntary. [citations omitted] The assertion that the filing of an income tax return is voluntary is, likewise, frivolous.”

Any other tax protestor arguments are answered at the excellent tax protestor faq at http://evans-legal.com/dan/tpfaq.html

Good luck,

Answer 8

Have you noticed that none of the "experts" could provide a simple answer in terms of the actual law that requires filing income tax return?

Answer 9

No it isn't voluntary. The government has the power to levy taxes on its citizens and you have to pay any taxes that they levy on you.

Answer 10

In the US, paying taxes is manditory.

There's plenty of case law supporting this that the IRS puts out on their website.