The fine for EACH employee is $15 and this can be waived by simply including this statement on the transmittal document you send with Form W-2 and W-3: [from the business]I requested an SSN [or Form W4]. This non-federal employee did not provide the number [or Form W4]. To my knowledge he is not a federal employee or government individual nor does he engage in federal (26 USC) trade or business. No law compels a work eligible man or woman to submit a form W-4 or W-9 (or their equivalent), nor disclose an SSN as a condition of being hired or keeping ones job. With the exception of an order from a court of competent jurisdiction issued by a duly qualified judge, no amounts can be lawfully taken from ones pay (for taxes, fees or other charges) without the workers explicit, knowing, voluntary, written consent. Section 7 of Public Law 93-579 provides that: (a)(1) It shall be unlawful for any Federal, State or local government agency to deny any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose Social Security account number. There is no law requiring you to obtain or use the Social Security Number. The Social Security System is a voluntary System. The Social Security Act does not require a person to have a SSN to live and work in the United States of America, nor does it require an SSN simply for the purpose of having one. If there was a law for the SSN, why does a major food chain, Taco Bell, have optional printed by the SSN on their applications? The IRS only requires the employer/payer to request the SSN. If the employee/payee refuses to give or doesn’t have an SSN, the employer sends an affidavit to the IRS stating that they requested the SSN and the employee refused, (Indemnification Letter). The penalties will not be assessed against the employer. See also: Nowlin vs. D.M.V. 53 Cal. App. 4th 1529 Apr. 2, 1997
Posted on: Sun, 16 Mar 2014 07:50:41 +0000
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