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Subject:
No more Social Security for a Self-Employed Individual
Category: Business and Money > Finance Asked by: tcrloan-ga List Price: $20.00 |
Posted:
29 Sep 2004 17:38 PDT
Expires: 29 Oct 2004 17:38 PDT Question ID: 408151 |
I would like to not pay into Social Security anymore. I currently am a V.P. (Independant Contractor) of a Mortgage Company and a General Partner in a Trading business. My Social Security is outragious per quarter and I would like to invest it myself. I want to stop being required to pay it further, but not lose what I have put in. Thank you. |
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Subject:
Re: No more Social Security for a Self-Employed Individual
Answered By: vercingatorix-ga on 14 Oct 2004 13:49 PDT |
The only legal way to avoid paying Social Security taxes is to repudiate your Social Security number in writing to the federal government. Regarding exactly how to do this, I cannot tell you. I'm sorry my answer isn't crisp and decisive, but you asked a question that potentially creeps over the legal line laid down by the federal government, and I'm sorry to say that as far as I can tell, there is no official or sanctioned means for getting out of the Social Security system. People have done it, but there are no statistics regarding their number or their ability to do business in this country after they did it. Not surprisingly, the Social Security Administration doesn't talk much about this matter, and its Web site is unhelpful. But an individual can contest his number and refuse to honor it. In such circumstances, the SSA will almost certainly keep that person's information on file. However, I would not recommend this tactic. If you give up your SS#, for better or for worse, you are going to be on a government short list for the rest of your life. There are plenty of anecdotal tales of people being persecuted by the government for doing this. I have no idea whether they are true. However, through my reading of several publications and Web site and conversations with those who know more about Social Security than I do, I can tell you that: * The IRS hates this tactic, which it views as nothing more than a way to get out of paying taxes (which, for most people, is exactly what it is.) * The lack of a Social Security number may preclude you from ever applying for benefits. In other words, if you are paralyzed in a car accident and suffer sufficient injury that you cannot work again, you will probably not be eligible for Social Security disability. I have been able to find no information about whether or not retirement benefits are available. * There are also any number of state or local organizations or businesses that will simply not do business with anyone who does not have the proper identification. * The lack of a Social Security number will probably make it more difficult to obtain credit or find work. Though the Social Security Act does not require one to have an SSN to work in the U.S., for practical purposes, many employers will likely find it easier to toss applications rather than deal with any potential difficulties with the government. I found a lot of information at independent Web sites, but the groups that publish this kind of thing are not known for their success at social reform. These people may indeed be telling the truth, but it's apparent they have an axe to grind, and equally apparent that if you follow their advice and it doesn't work, you're on your own. All that aside, if you wish to stop paying Social Security taxes, you can do so - at your own risk. Those Web sites offering instructions on how to get out of the Social Security system, offered a caveat like this one at http://www.buildfreedom.com/tl/tl17b.shtml. "Disclaimer: This report is intended purely as a communication of information in accordance with the right of free speech. It does not constitute legal or tax advice. Anyone seeking such advice should consult a competent professional. READERS ARE SPECIFICALLY ADVISED TO PAY ALL LEGAL TAXES THEY ARE SUBJECT TO, AND TO OBEY ALL LAWS TO THE LETTER. Neither the author nor the publisher assumes any responsibility for the consequences of anyone acting according to the information in this report." When you hear things like that from the few people advocating a tussle with the SSA, think twice before following their advice. But if you're still game, here are some places you can go if you wish to try to get out of the Social Security system: Here's an excerpt from the American Patriot Friends Network Web site (http://www.apfn.org/apfn/ssn.htm): "The Social Security Administration May Not Remove The Record of Some SSNs: A question was recently posed to the Social Security Administration regarding rescinding an adult's Social Security number. The Agency's response indicates that once payments have been made under an assigned account number, the record of the Social Security number -- and all information about the person it was assigned to -- will never be removed from SSA files. The Social Security Administration policy manual, "RM 00205.095," addresses this issue; it states: "SSA does not change, void or cancel SSNs. In special situations, SSA will delete the application information from the SSN record." This specific SSA policy statement is in regard to numbers assigned to children at birth. However, the statement appears to be a "blanket" policy. Apparently this is the SSA policy with regard to all assigned SSNs. Accordingly, it appears that the SSA does not delete or remove SSNs from their records under any circumstance. All indications are that once a SSN has ever been assigned, the record is permanently maintained by the Administration. According to the Social Security Regulations, a person must use a SSN if they apply for public benefits. An applicant for government benefits who does not have, or does not use, a SSN will be denied." The same information is available at http://www.networkusa.org/fingerprint/page6/fp-ssnfaq.htm#Can%20I%20rescind%20my%20social%20security, and I don't who who is the original author. There are some tips about how to beat the system, though no evidence that they work. You can find a sample letter to the SSA at http://autarchic.tripod.com/files/ss-scam.html. The letter contains a revocation of power of attorney. However, the letter is inflammatory, and the writer (anonymous) labeled it for informational purposes only. It does contain a lot of detail and legal precedents. I don't think I'd send this letter, but it's fun to read the rant. The buildfreedom site also provides a sample letter to the SSA, this one written by a man named Anthony Hargis. It is shorter and less inflammatory than the letter at the above Web site. Below the letter is a list of organizations that will help you "terminate your SSN." Based on my reading of the SSA handbook (http://www.ssa.gov/OP_Home/handbook/ssa-hbk.htm), I don't know if such "termination" is possible. You might be thinking that I left out the most obvious strategy - calling up the SSA and asking them. I have no doubt that if you did that persistently enough, you could get a straight answer. Had you asked a less-risky question, I'd have made the call. But I doubt this is the kind of call that can be handled by an accountant who calculates your benefits or a customer-service agent who tells you which forms to fill out. I would be surprised if such calls were not automatically routed to senior-level executives, and your name would be on a list before you hung up the phone. That's too risky for $20! Or for $200, as a matter of fact. You didn't ask for my advice, but I'll give it anyway. I've known of several people who considered this course of action. All, after careful research, a new reading of the Constitution, and discussions with a few people who actually did deal themselves out of Social Security, decided not to do it. I'm in the investment business and have no doubt I could earn returns better than the SSA will deliver. But I wouldn't do this on a bet. I'd advise you not to do it, either. V Search strategy: "social security" cancel taxes benefits rescind |
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Subject:
Re: No more Social Security for a Self-Employed Individual
From: anonymussedhair-ga on 30 Sep 2004 16:53 PDT |
Not sure, but I believe once you hit gross pay of $89K and have paid in associated social security tax appropriate to that level, THEN you don't have to pay any more for the year. As I understand it, everyone in the U.S. must pay social security tax. You don't get out of it what you paid in. You are currently paying CURRENT SS benefactors. When you hit the age of elligibility, those folks still working will be paying YOUR SS. My niece, at 14 and making minimum wage pays it. My father, at 61 and making 6 figures pay it. And I, self employed earning 6 figures pay it quarterly as you do, but you get to stop at somewhere in the high $80 K range. Next January, you have to start paying again, though. If you find a work-around, let me know. I already know that SS won't be there for me if I need it because I'm still fairly young... so I'm trying to get to the point where i don't need it and can rely on my own investments. |
Subject:
Re: No more Social Security for a Self-Employed Individual
From: hiddennook-ga on 17 Jan 2005 20:03 PST |
That is depressing to hear. The main reason I wanted to be Self Employed was to get out of the SS system. Now it seems I will be doing nothing but swiming upstream. Is their any hope? Selah. :( |
Subject:
Re: No more Social Security for a Self-Employed Individual
From: thewatcher-ga on 16 Feb 2005 07:13 PST |
contrary to what the resident expert has told you there is a way to legally get out of the SS system. What you need to understand is that there are two nations in one. One being the Constitutional Republic that "State Citizens" have access(i.e. your constitutional rights) and the other is the legislative democracy based in D.C. whose citizens only have access to "civil rights", although they may appear similiar they are vastly different in that state citizens are not subject to any amendment above the 13th. From the 14th on as a federal or better yet "United States citizen" you HAVE TO FOLLOW AND OBEY ALL THEIR REGULATIONS, statutes,ordinances,codes,administrative law(private policy),etc. etc. NOw the person is right in saying that once you disconnect yourself from the feds you CANNOT ever go to them for anything. The only exception being the use of federal reserve notes now here I need to elaborate: Federal Reserve Notes are "fiat money", that means that in terms of intrinsic value they are no better than monopoly money. Think about it in the most basic terms, its just paper and ink. If the fed gov dissapeared tommorrow you wouldn't be able to buy a cup of coffee with it. This is very important to understand as every court in the land has accepted and recognized the UCC(Uniform Commercial Code) which establish the rules for any type of commercial transaction (anything and I mean anything that involves fed notes is a commercial transaction.). The UCC basically says that you must honor and fulfill any commercial contract you enter into. EXCEPT IF THERE WAS NO FULL DISCLOSURE OF THE TERMS AND OBLIGATIONS in the contract. this applies to the government as well. where is all this going you ask? well for a full and detailed explanation of what has happened to our country it would take a 500 page book,so the short and sweet of it is this: the federal government(legislative democracy)declared bankruptcy in 1938,at that point their international creditors stepped and took power of attorney over the government. Public Law(Constitution) became Public Policy(private law) laws became statutes(actually Admiralty Maritime Law but they would not dare reveal this to the public.) In order to not be dragged into court by one of the few hundred thousand state citizens who know better and charged with treason(the constitution guarantees a Republican form of government) they provided a way out, this can be found in UCC 1-207.7. Every system of civilized law must have two characteristics: Remedy and Recourse. Remedy is a way to get out from under the law. The Recourse provides that if you have been damaged under the law, you can recover your loss. The Common Law, the Law of Merchants, and even the Uniform Commercial Code all have remedy and recourse, but for a long time we could not find it. If you go to a law library and ask to see the Uniform Commercial Code they will show you a tremendous shelf completely filled with the Uniform Commercial Code. When you pick up one volume and start to read it, it will seem to have been intentionally written to be confusing. It took us a long time to discover where the Remedy and Recourse are found in the U.C.C. They are found right in the first volume, at 1-207 and 1-103. Remedy "The making of a valid Reservation of Rights preserves whatever rights the person then possesses, and prevents the loss of such rights by application of concepts of waiver or estoppel." (UCC 1-207.7) It is important to remember when we go into a court, that we are in a commercial, international jurisdiction. If we go into court and say. "I DEMAND MY CONSTITUTIONAL RIGHTS!", the judge will most likely say, "You mention the Constitution again, and I'll find you in contempt of court!" Then we don't understand how he can do that. Hasn't he sworn to uphold the Constitution? The rule here is: you cannot be charged under one jurisdiction and defend yourself under another jurisdiction. For example, if the French government came to you and asked where you filed your French income tax of a certain year, do you go to the French government and say "I demand my Constitutional Rights?" No. The proper answer is: "THE LAW DOES NOT APPLY TO ME. I AM NOT A FRENCHMAN." You must make your reservation of rights under the jurisdiction in which you are charged, not under some other jurisdiction. So in a UCC court, you must claim your Reservation of Rights under UCC 1-207. UCC 1-207 goes on to say... "When a waivable right or claim is involved, the failure to make a reservation thereof, causes a loss of the right, and bars its assertion at a later date." (UCC 1-207.9) You have to make your claim known early. Further, it says: "The Sufficiency of the Reservation: any expression indicating an intention to reserve rights is sufficient, such as "without prejudice". (UCC 1-207.4) Whenever you sign any legal paper that deals with Federal Reserve Notes, write under your signature: "Without Prejudice (UCC 1-207.4)." This reserves your rights. You can show, at UCC 1-207.4, that you have sufficiently reserved your rights. It is very important to understand just what this means. For example, one man who used this in regard to a traffic ticket was asked by the judge just what he meant by writing "without prejudice UCC 1-207" on his statement to the court? He had not tried to understand the concepts involved. He only wanted to use it to get out of the ticket. He did not know what it meant. When the judge asked him what he meant by signing in that way, he told the judge he was not prejudice against anyone... The judge knew that the man had no idea what it meant, and he lost the case. You must know what it means! Without Prejudice UCC 1.207 When you use "without prejudice UCC 1-207" in connection with your signature, you are saying, "I reserve my right not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally. I do not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement." What is the compelled performance of an unrevealed commercial agreement? When you use Federal Reserve Notes instead of silver dollars, is it voluntary? No. There is no lawful money or alternative, so you have to use Federal Reserve Notes; you have to accept the benefit. The government has given you the benefit to discharge your debts with limited liability, and you don't have to pay your debts. How nice they are! But if you did not reserve your rights under 1-207.7, you are compelled to accept the benefit, and are therefore obliged to obey every statute, ordinance, and regulation of the government, at all levels of government; federal, state and local. If you understand this, you will be able to explain it to the judge when he asks. And he will ask, so be prepared to explain it to the court. You will also need to understand UCC 1-103, the argument and recourse. If you want to understand this fully, go to a law library and photocopy these two sections from the UCC. It is important to get the Anderson, 3rd edition. Some of the law libraries will only have the West Publishing version, and it is very difficult to understand. In Anderson, it is broken down with decimals into ten parts and, most importantly, it is written in plain English. Recourse The Recourse appears in the Uniform Commercial Code at 1-103.6, which says: "The Code is complimentary to the Common Law, which remains in force, except where displaced by the code. A statute should be construed in harmony with the Common Law, unless there is a clear legislative intent to abrogate the Common Law." (UCC 1-103.6) This is the argument we use in court. The Code recognizes the Common Law. If it did not recognize the Common Law, the government would have had to admit that the United States is bankrupt, and is completely owned by its creditors. But, it is not expedient to admit this, so the Code was written so as not to abolish the Common Law entirely. Therefore, if you have made a sufficient, timely, and explicit reservation of your rights at 1-207, you may then insist that the statutes be construed in harmony with the Common Law. If the charge is a traffic ticket, you may demand that the court produce the injured person who has filed a verified complaint. If, for example, you were charged with failure to buckle your seat belt, you may ask the court: "Who was injured as a result of your failure to 'buckle up'?" However, if the judge won't listen to you and just moves ahead with the case, then you will want to read to him the last sentence of 103.6, which states: (2) Actually, it is better to use a rubber stamp, because this demonstrates that you had previously reserved your rights. The simple fact that it takes several days or a week to order and get a stamp shows that you had reserved your rights before signing the document. Anderson Uniform Commercial Code Lawyers' Cooperative Publishing Co. The Code cannot be read to preclude a Common Law section. Tell the judge, "Your Honor, I can sue you under the Common Law, for violating my rights under the Uniform Commercial Code. I have a remedy, under the UCC, to reserve my rights under the Common Law. I have exercised the remedy, and now you must construe this statute in harmony with the Common Law. To be in harmony with the Common Law, you must come forth with the damaged party." If the judge insists on proceeding with the case, just act confused and ask this question: "Let me see if I understand, Your Honor, has this court made a legal determination that sections 1-207 and 1-103 of the Uniform Commercial Code, which is the system of law you are operating under, are not valid law before this court?" Now the judge is in a jam! How can the court throw out one part of the Code and uphold another? If he answers, "yes", then you say: "I put this court on notice that I am appealing your legal determination." Of course, the higher court will uphold the Code on appeal. The judge knows this, so once again you have boxed him in. I hope this helps on your path to understanding |
Subject:
Re: No more Social Security for a Self-Employed Individual
From: vercingatorix-ga on 18 Feb 2005 12:35 PST |
Interesting posts since I left. But I'll stand by my initial comments. I have no idea whether the strategy put forth by the poster would actually work. I do, however, maintain that attempting to get out of paying Social Security taxes is a mind-bogglingly foolish thing to do. Yes, the system punishes the self-employed. I know, I pay self-employment tax. Yes, the system punishes those who know how to invest their money. I know, because I have had some success managing my own money. Yes, the current use of the Social Security number as an identification tool is not in keeping with the purported use of the number when it was first introduced. It's too late to change that. Yes, employers and financial institutions should not discriminate against people without a valid SSN. But they do. Despite all that, the risks of trying to separate yourself from the system are, in my opinion, far worse than the drudgery of the extra taxes and doubts about whether that money will be there when you retire. In many jurisdictions you simply can't get a driver's license without a Social Security number. That's just a fact of life. Many employers, probably most, won't bother with you if you don't have a number, as there are a line of people in the HR office who are willing to fill out the form, with the SSN. Another fact of life. Every game has an ante. I could move to another country, but I like the U.S. the best, despite recent unsettling political trends. In this game, the ante is turning over a portion of your pay for the privilege of living in a society with the greatest breadth of opportunity in the world. You give up some of your freedom for privileges. It stinks, but it's been the way societies have worked ever since men first gathered in large cities for protection, commerce, and companionship. Studies of chimpanzee society have noticed similar sacrifices made by apes that want to get along in society. The other game has its own ante. No driver's license. No job. No credit cards. No brokerage accounts. But you do get to be on a short list of government troublemakers. No thanks, I'll play these. Sometimes you take a stand to make a point. Nothing wrong with that, if you're prepared to bear the burdens in the wake of your fortitude. That doesn't mean you should jump in front of a bus just to see if it stops. V |
Subject:
Re: No more Social Security for a Self-Employed Individual
From: professorman-ga on 10 Mar 2005 14:30 PST |
I feel the need to correct something that thewatcher-ga posted above. Although his/her economic description of paper fiat money is accurate; his/her application of the UCC (Uniform Commercial Code) is not. The UCC only covers the sale of goods. Goods are defined by the UCC as "tangible, existing products". The sale of real estate, future goods, or services are not covered under the UCC. Social Security is a transfer program that moves money from earners to nonearners. It has nothing to do with tangible goods and it DEFINITELY has nothing to do with legal contracts. |
Subject:
Re: No more Social Security for a Self-Employed Individual
From: ninja67-ga on 07 Aug 2005 20:19 PDT |
http://www.irs.gov/pub/irs-pdf/f4029.pdf This form will allow you to be exempt from paying SS tax and Medicare tax. You will lose anything you have paid into your account, but for younger people it may be worth not paying into ever and investing your money yourself. Read this form carefully because you do have to meet a couple of requirements. So, if you are not a member of a church you may have to join one. |
Subject:
Re: No more Social Security for a Self-Employed Individual
From: vercingatorix-ga on 17 Aug 2005 12:52 PDT |
I wouldn't advise using that IRS link posted above except under unusual circumstances. I looked into this a couple years ago. That form applies when you are a member of a church that teaches against public insurance. You can't just join a church and say you don't want to pay taxes. My guess is that a number of people have done just that, and until they get audited, they do not pay taxes. But this form only applies for religious groups that meet specific criteria, and few do. I can only imagine what happens when these people get audited -- and I can almost guarantee that if you're not paying Social Security taxes, your return moves up near the top of the pile for auditing. A word of warning: Pay your taxes. Deduct all you can, and pay the rest. Why risk years of prison to save a few thousand dollars? Unless your life is such a mess that you'd be better off in jail, the risk is not worth it. V |
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