business license? tax?
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Author: Be_Truly_Free
Last Post: Habenae Est Dominatus
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business license? tax?
02-09-2018, 06:05 PM
Post: #46
RE: business license? tax?
(02-09-2018 03:25 PM)Be_Truly_Free Wrote:  However, to keep a professional relationship and to not sound like a tin-foil hat nut job, how do you suggest saying that to a payee? I imagine is going like this:

Me: FYI, I won't be giving you a 1099 when tax season comes around.
Him: Oh, so how do I do my taxes?
Me: Well, you can still claim that you had income and that you want to pay tax on it.
Him: Why don't you do 1099s? Do you do taxes or . . . ?
Me: um.....well.....er...... That's none of your business

Because what I'm paying you is not a reportable payment.

Quote:Sec. 3406. Backup withholding

-STATUTE-
(a) Requirement to deduct and withhold
(1) In general
In the case of any reportable payment, if -
(A) the payee fails to furnish his TIN to the payor in the manner required, [... then the payor shall deduct and withhold from such payment a tax...]
[Additional text omitted]

(b) Reportable payment, etc.
For purposes of this section—
(1) Reportable payment
The term “reportable payment” means—
(A) any reportable interest or dividend payment, and
(B) any other reportable payment.
[Additional text omitted]

(3) Other reportable payment
The term “other reportable payment” means any payment of a kind, and to a payee, required to be shown on a return required under—
(A) section 6041 (relating to certain information at source),

Quote:Treasury Regulations
Sec. 1.6041-6 Returns made on Forms 1096 and 1099 under section 6041; contents and time and place for filing.

See section 6109 and the regulations thereunder for rules requiring the inclusion of identifying numbers in Form 1099.

Quote:Code of Federal Regulations
Sec. 301.6109-1 Identifying numbers.

(c ) Requirement to furnish another's number.

If the person making the return, statement, or other document does not know the taxpayer identifying number of the other person, and such other person is one that is described in paragraph (b)(2)(i), (ii), (iii), (vi), or (vii) of this section, such person must request the other person's number.

The request should state that the identifying number is required to be furnished under authority of law.

Quote:Code of Federal Regulations
Sec. 301.6109-1 Identifying numbers.

(b)(2) Foreign persons.

(b)(2)(i) A foreign person that has income effectively connected with the conduct of a U.S. trade or business at any time during the taxable year;

(b)(2)(ii) A foreign person that has a U.S. office or place of business or a U.S. fiscal or paying agent at any time during the taxable year;

(b)(2)(iii) A nonresident alien treated as a resident under section 6013(g) or (h);

(b)(2)(vi) A foreign person that furnishes a withholding certificate described in Sec. 1.1441-1(e)(2) or (3) of this chapter or Sec. 1.1441-5©(2)(iv) or (3)(iii) of this chapter to the extent required under Sec. 1.1441-1(e)(4)(vii) of this chapter;

(b)(2)(vii) A foreign person whose taxpayer identifying number is required to be furnished on any return, statement, or other document as required by the income tax regulations under section 897 or 1445. This paragraph (b)(2)(vii) applies as of November 3, 2003.

And because the W-9 form has no OMB control number which means you are not required to fill one out.

Quote:Code of Federal Regulations
5CFR1320.5
Sec. 1320.5 General requirements.

(a) An agency shall not conduct or sponsor a collection of information unless, ...
(2) OMB has approved ...
(3) The agency has obtained from the Director a control number to be displayed upon the collection of information.

(b) In addition to the requirements in paragraph (a) of this section, an agency shall not conduct or sponsor a collection of information unless:
(1) The collection of information displays a currently valid OMB control number; and
(2)(i) The agency informs the potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

Quote:Code of Federal Regulations
CITE: 5CFR1320.12
(h)(2) The failure to display a currently valid OMB control number for a collection of information contained in a current rule, or the failure to inform the potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number, does not, as a legal matter, rescind or amend the rule; however, such absence will alert the public that either the agency has failed to comply with applicable legal requirements for the collection of information or the collection of information has been disapproved, and that therefore the portion of the rule containing the collection of information has no legal force and effect and the public protection provisions of 44 U.S.C. 3512 apply.

Can anybody delegate an authority they don't have?
Was anybody born with innate authority over anybody else?
Then how did authority nobody had get delegated to those who call themselves government?

Show me my personally signed contract wherein I consented to be governed.
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