I just received a reply:
I just received a reply:
Interesting case thank you David.Key #2: I have heard that the terms of the contract about the 40+ quarters has been repealed... Not for me! Insurance is handled in admiralty:
IN ADMIRALTY IN RE LIBEL OF REVIEW
Today he reiterated that the IMF does not issue or guarantee any obligations called "Prime Bank Notes," "Prime Bank Guarantees," "Bill of Exchange," or "Bill of Equity," or extend any credit lines through commercial banks or other agencies.
The IMF is an intergovernmental organization whose financial transactions and operations are carried out directly with its member countries and only through a fiscal agency designated by each member for this purpose (such as the member's Central Bank or its Ministry of Finance). The IMF does not operate through other agents and it does not endorse the activities of any bank, financial institution, or other public or private agency.
International Monetary Fund
Address: 700 19th St NW, Washington, DC 20431
Phone: (202) 623-7000
http://www.imf.org/external/np/sec/nb/1996/nb9614.htm
Johnny's problem is that he does not intend to file a tax return, as he has had no taxable income. While the letter form of protest of the 1099 MISC hearsay is probably good, you as recipient of the payment are under no obligation to force the issuer to correct his 1099. Your duty is only to have records that show that you redeemed the payment. If the IRS gets 1099's, and no 1040, the flag will go up and you will get your chance to rebut the hearsay, probably under threat of an audit. In my letter enclosed with my return this year, I have asked the IRS to please advise me if they have a preferred method of justifying the differing amounts shown on 1099's vs 1040's, as there seems to be no instruction given for reporting lawful money transactions in 1099's. Indeed, lawful money transactions occur downstream of the issuer, so he has no way of knowing this event.
Yes, it is quite a problem isn't it? to make $79k documented from one source and have no taxable income. Yet I alone must bear the burden. I guess somehow someway the IMF-Deutsche Bank-HSBC-JPMorganChase banking cartel must find a way to carry on without Johnny's cash. Without taxing my labor; without running their SCAM on me. You can all watch as it unfolds.Originally Posted by Freed Gerdes
No letter; didn't happen. You're not gonna win this one, Jay.
My status is this: I've been redeeming lawful money since 2010 (thank you David!!) and have been fortunate not to work since then -no bank acct, no employee status, no 1099 contractor, no filing requirements. I am a clean slate, especially for 2013 and beyond. I need to work again, and am able to work in a place of fine dining. My only intent is to do things lawfully.
I have heard that "under the table" work is not legal, but what defines that? Is it a company (entagled in state laws, taxes, etc) that pays the worker, therfore creating undocumented income? What if working for cash tips alone? The company pays you nothing, you are basically getting paid by the public... no different than a beggar or street busker on a subway, no? Can you AND/OR the company get in trouble if you and they agree on "free" work, ie. a volunteer? Must it be via private contract (and via verbage of lawful money for good measure?)
Now, what if that is not agreeable (or legal), and one still wants to work for JUST cash tips, but to keep the fine dining's accountant and owner stress free, you agree to provide a SSN, verbiage of lawful money, and expect the company to issue a 1099 (this has been offered)... How can a company claim on a 1099 they are paying you? Aren't they saying you were paid money by yet several other 3rd parties?
I am trying to place the best course of action over a time sensitive matter. I thank you all!
1099 presumes independent basis for taxation
The 1099 is used to create the illusion of another basis for taxation, apart from the basis that arises from the receipt of FRN's. If the payer insists on collecting an SSN from you, flip around some of the digits in your SSN (you can claim dyslexia if it ever comes up) and consider giving him an alternate address (not one the IRS already has for you). Without the correct SSN and with a different address, the IRS will never be able to track the payment to you.
You can subtly note duress on the form he forces you to fill out with a "TDC" (for threat duress, coercion) so you can void the instrument later (especially if you are nervous about giving a false SSN, which Supreme Court says is not a crime BTW) but even this is not necessary if you are worried it will cause a problem with the payer. The duress is there whether you note it on the document or not.
Be sure to demand PAYMENT IN LAWFUL MONEY AND sign your name "without prejudice" on all forms he forces you to fill out, so that you cannot be deemed to be voluntarily accepting any undisclosed benefit (such as receiving elastic currency) or be held obligated to any undisclosed terms or obligations (such as the fact that many of the words on these forms you are signing have custom definitions in Federal law, and thus the form creates a presumption that your work is Federally connected, creating a basis for treating the payment as "gross income" received in connection with a "trade or business" within the "United States".
Years ago I declined to give an SSN to a payer, did not report the money he paid me, and never heard anything about it. I don't even know if he issued a 1099, but without an SSN it was pretty useless to the IRS.
With all due respect, what you suggest is a rather "slippery slope" to go down. Afaik, in general, payors request that you tender a Form W-9 (or a derivative/equivalent form) which must be signed under PoP (Penalties of perjury). Moreover, it also goes to your intent, and intent leads to your character. Could you stand before a jury and swear to your action being the "truth and nothing but the truth"? Don't think so ...
Lastly, there's a special program in play by Auntie [IRiS] called "Identity Theft", which tracks just such activities and has a penalty-escalation provision in place as well. Upshot: don't do it -- you're apt to shoot yourself in the foot.
However, one perfectly legal route I found workable is to demand that the payor produce a fW-9 that bears a valid OMB-Control Number. I'd also state that when s/he does, I'd be glad to comply. Though I could be wrong, after years of looking, I have yet to find such form. Auntie [IRiS] clearly understands the form's deceptive (read:entrapment) nature, but cannot mandate its use for the non-federally-connected business sector. How do I know this? Since IRC Sec. 6109 is the governing statute (mandating SSN-use for all federally-connected purposes), it would be simple to get fW-9 OMB-approved, but it is not (yet).
Last edited by TDL; 05-18-13 at 05:43 PM.
I also did that once. I was hired on Monday, fired on Friday. But no W2. I decided that it was better to have a job and let them steal SS and medicare than to not have a job.
Blessed is he who keeps from stumbling over me.
Anyone? I am really hoping someone might be experienced in this area.
Yours is an interesting situation, Topgun. The employer has some liability issues such that he is unlikely to want you 'working' in his place of business without some sort of contractual relationship, for insurance liabilities purposes at least, but he does not want to pay you minimum wage. If you are not an employee, paid by the employer, there is no way the 'employer' can then issue a 1099 to you for monies paid to you by others. You can probably get an insurance company to sell you a fairly cheap ($100) policy which constitutes a sort of bond, promising to indemnify the 'non-employer' for any problems you might cause. I had a contractor insurance policy for a while when working as a consultant inside a chemical company, which had $1 million umbrella coverage for about $100 (15 years ago, so maybe some inflation, ymmv). You might also want to register your NAME as a fictitious name, dba, so you can perform the service you provide. Then the 'non-employer' could contract with the NAME company for on-site services for a rate other than minimum wage, say $10/month... then when the NAME company obtains money for services provided, you set up a bank account for the dba, and redeem all monies received for lawful money per 12 USC 411, thus you get no 1099's and pay no taxes.
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