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6 Comments:
this is all you need to know about title 26.
Sec. 3401. - Definitions
(a) Wages
For purposes of this chapter, the term ''wages'' means all remuneration (other than fees paid to a public official) for services performed by an employee for his employer,…
c) Employee
For purposes of this chapter, the term ''employee'' includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term ''employee'' also includes an officer of a corporation. [A “United States Corporation”, defined in Sec. 207 of the Public Salary Tax Act as, “a corporate agency or instrumentality, is one (a) a majority of the stock of which is owned by or on behalf of the United States, or (b) the power to appoint or select a majority of the board of directors of which is exercisable by or on behalf of the United States
.................................................................................................
So can I give this info to my employer and have those*/this taxe(s) NOT taken out of my pay? *I think there are two taxes: FICA + SS? = 8% up to the serf's amount of 10% in the days of old.
Formulation of form W-2
The following information shows the law that creates the IRS form W-2. The section of the code that is used to formulate IRS form W-2 is section 6051. The relevant part of section 6051 is listed as follows. I have included in brackets the section of IRS form W-2 they pertain to.
§ 6051. Receipts for employees
(a) Requirement
Every person required to deduct and withhold from an employee a tax under section 3101 or 3402, or who would have been required to deduct and withhold a tax under section 3402 (determined without regard to subsection (n)) if the employee had claimed no more than one withholding exemption, or every employer engaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash, shall furnish to each such employee in respect of the remuneration paid by such person to such employee during the calendar year, on or before January 31 of the succeeding year, or, if his employment is terminated before the close of such calendar year, within 30 days after the date of receipt of a written request from the employee if such 30-day period ends before January 31, a written statement showing the following:
(1) the name of such person, [ c ]
(2) the name of the employee (and his social security account number if wages as defined in section 3121 (a) have been paid), [ d and e ]
(3) the total amount of wages as defined in section 3401 (a), [ 1 ]
(4) the total amount deducted and withheld as tax under section 3402, [ 2 ]
(5) the total amount of wages as defined in section 3121 (a), [ 3 ]
(6) the total amount deducted and withheld as tax under section 3101, [ 4 ]
Now let’s start from the beginning. It says “Every person” at the beginning. So let’s look and see who person is.
§ 7701. Definitions
(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—
(1) Person
The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
Ok the place you work might be one of these. Now let’s look at the part “required to deduct and withhold”. Now we see the word “withhold”. Now we have to look and see what is meant by this word.
§ 7701. Definitions
(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—
(16) Withholding agent
The term “withholding agent” means any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461.
Well I’ll be, there it is again “deduct and withhold”. So someone that “deducts and withholds” is a “Withholding agent”. Now let’s see who they can withhold from.
§ 1441. Withholding of tax on nonresident aliens
Are you one of these?
§ 1442. Withholding of tax on foreign corporations
Are you one of these?
§ 1443. Foreign tax-exempt organizations
Or are you one of these? Now we see the liability.
§ 1461. Liability for withheld tax
Every person required to deduct and withhold any tax under this chapter is hereby made liable for such tax and is hereby indemnified against the claims and demands of any person for the amount of any payments made in accordance with the provisions of this chapter.
Notice that I emphasized the word “if” in part 2 above of the requirements. You have to read section 3121 (a) to determine if you received wages so the name and social security account number can be entered on IRS form W-2 to begin with.
Now comes the really good part. This would be part 3 above of the requirements. This would be the total amount of wages as defined in section 3401 (a), and is to be entered in box 1 of IRS form W-2. Let’s see what that section says. First we will look at the pertinent part of section (a).
§ 3401. Definitions
(a) Wages
For purposes of this chapter, the term “wages” means all remuneration (other than fees paid to a public official) for services performed by an employee for his employer,---
So now we see that wages are what are received by an “employee” from his “employer” for services performed. We’ll I’ll be, there I am. Or am I? Let’s look and see.
(c) Employee
For purposes of this chapter, the term “employee” includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term “employee” also includes an officer of a corporation.
Well the last time that I checked, the place where I work does not come close to being in any of those listed. Those look all like some sort of federally connect things.
(d) Employer
For purposes of this chapter, the term “employer” means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that—
(1) if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term “employer” (except for purposes of subsection (a)) means the person having control of the payment of such wages, and
(2) in the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term “employer” (except for purposes of subsection (a)) means such person.
Notice I highlighted “individual”. And you thought you were one of these. It is not defined anywhere in Title 26. You have to look in the regulations. So let’s look and see.
§ 1.1441-1 Requirement for the deduction and withholding of tax on payments to foreign persons.
(c) Definitions —
(3) Individual —(i) Alien individual. The term alien individual means an individual who is not a citizen or a national of the United States. See §1.1–1(c).
(ii) Nonresident alien individual. The term nonresident alien individual means a person described in section 7701(b)(1)(B), an alien individual who is a resident of a foreign country under the residence article of an income tax treaty and §301.7701(b)– 7(a)(1) of this chapter, or an alien individual who is a resident of Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, the U.S. Virgin Islands, or American Samoa as determined under §301.7701(b)–1(d) of this chapter. An alien individual who has made an election under section 6013 (g) or (h) to be treated as a resident of the United States is nevertheless treated as a nonresident alien individual for purposes of withholding under chapter 3 of the Code and the regulations thereunder.
And you thought you were an individual. Now there you have it. I could go further but this should be enough for now. I hope you enjoyed the reading.
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