Court Of Record Forum
2801c letter from IRS
Greetings. i have claimed exempt for over 20 years and never had any trouble with the IRS. Some man or woman has decided that i do not qualify as exempt, and ordered my employer to withhold Federal Income taxes. i hear that i was supposed to get a 2801c letter in the mail, though i never did. Does anyone have any experience with the 2801c letter?
Kind Regards,
Gordon
Greetings Gordon,
‘i’ receive the same letter about a week ago, placing me in the “Withholding Compliance Program”. The Agent: C.K. O’Neal, sent my “employer” instructions to change my W-4 from “Exempt” to “Single”, and to begin pulling out taxes on December 30th.
‘i’ wrote back to her in 48 hours and used Overnight to mail the letter, stating ‘i’ believed she sent it in error, gave notice that ‘i’ withdrew my consent and my signature from any and all of the Agency’s documents, that this act would cause harm to ‘i’: man, my person, and property; and required her to cancel and stop all “lock-in letter(s)” in regards to this matter, and provide written proof that it was done.
‘i’ sent a copy to Charles Rettig (Commissioner) and require him to aid and assist with the matter.
Though ‘i’ am waiting on a reply, ‘i’ have to send a follow up to Charles; starting with and update on status, next letter: Failure to Train, Discipline, Monitor his subordinates, and lastly that he is about to do wrong to man. I expect the last one to be copied to the Attorney General, but I have not made it that far yet.
Maybe life will be kind to me and Charles will recall the letter…only time will tell.
Hello Allan and Gordon, how is everything looking now regarding your tax problems? Have you got the harassment to stop?
Greetings Waterhose,
My issue remains, but I believe I understand why.
Using the W-4 implies you are either a U.S. Citizen, U.S. Resident, have Income (Profit), or work for a company chartered by Congress. I learned this by reading the instructions, which are very straight forward once you know the Terms (definitions) for each document, for the W-4, 1040, and 1040NR that lead me to this understanding. From this I also learned that placing EXEMPT on the W-4 means you are on a work Visa (Q, K, et cetera) performing services in the United States; this might have changed from years past because so many were placing “Exempt” on the W-4 to stop withholding. Being the W-4 is not the correct form to submit at this time, I am still researching to confirm there is another form that will do the job without repercussions.
So far, the only things that will remove the “Lock-In Letter/Withholding Compliance Program are:
1: Get another Job and quit the old one, but the issue might repeat if one fills out another W-4.
2: Submit a 1040 consistently over the next few years to claim your withholding; after some years, you will be removed from the program (no proof of this yet).
I decided to go with option 2 by filing a 1040-NR and only claiming the return of my compensation. Still waiting for the result of that action.
In regards to my letters, I was met with Silence; but, hopefully, the letter paved the way for me to submit my 1040-NR without question. Only time will tell.
Prayers be with thee.
Interesting. It seems this would be alot easier for the self employed. The "law abiding" employer being in the middle of it really makes it tougher. Prayers for you and all the IRS is stealing from!
Quote from Allan Zabrecky on May 23, 2021, 10:12 pmFrom this I also learned that placing EXEMPT on the W-4 means you are on a work Visa (Q, K, et cetera) performing services in the United States; this might have changed from years past because so many were placing “Exempt” on the W-4 to stop withholding.
I am correcting this statement as it is incorrect.
I was referencing the term “EXEMPT Individual” which is for Non-Resident Aliens on the 1040-NR, who have the Visa status(es) mentioned, but EXEMPT on the W-4 only cares if you have proven to the Internal Revenue Service that you have no Income (Profit) Tax liability years prior.
My apologies.
Allan,
You might want to consider looking into getting an ITIN under option (a).
Take note that in the instructions for form W7; where options (b-h)-federal tax filing is required and it is not required for option (a).
Option (a) is for the non resident alien qualified under tax treaty benefit.
Non resident alien is a non US Citizen outside the United States (District of Columbia). In IRS language, Non Resident Alien = American National without US Citizenship.
The ITIN will allow you to open bank accounts.
The SSN is a US Citizen taxpayer ID number and you do not want to use it on IRS paperwork.
You must submit W7 application by mail or phone only. The online application process will result in non approval. Review W7 COA form as well.
You do not use W4 with your employer. Instead use W8-BEN. You cannot use an ITIN on a W4 but you can on a W8-BEN. On W-8-BEN, Part 2 #9 you list your State as the country under treaty.
Read all instruction packets for each form. Look up definitions to every pronoun in IRS Code so you understand its meaning.
The W4 is an “Employee Withholding Certificate”. Note that your presumed employer is not listed on the form. The employer listed the Department of the Treasury Internal Revenue Service. You give the form to your presumed employer and they give to the actual employer.
Obtain ITIN then send IRS Revocation of Election for the Social Security Account.
A W4 on file will always result in IRS interaction and you are claiming to be a US employee.
A W4NR is an admission you are working in the United States (District of Columbia)
Greetings Brian,
Sorry for the late reply; was on vacation
I have looked into the W-8BEN and have been reviewing the instructions since I sent in my 1040-NR, and it seems that it would be the correct way for Non-resident aliens/nontaxpayers; do you have any experience with submitting this to your employer?
Also, I am unable to use the W-8BEN at my work for two reasons: first, they have U.S Government Contracts and are required by said Contracts to hire workers only with SSN; second, being I have a Lock-In letter in place, the business is unwilling to make any changes till its resolution, and if they could, they would still subject me to 30% withholding as there is no Treaty for Connecticut. Even if they take the Tax out, but I get my Earnings all back at the end of the year with the 1040-NR (Non-Resident Alien) that is a win for me.
I think the biggest problem many share is the SSN can be either for non-U.S. Citizens or U.S. Citizens; and once one begins to Act like a Citizen (Voting, Driver’s License, marking U.S. Citizen on U.S. Passport, et cetera…) One becomes said Citizen till you rebut that presumption…which is a pain in the ass 🙂 The ITIN does simplify it, taking the Citizenship out of the question…too bad I cannot do anything with it at my job currently.
I agree on the W-4, the W-4NR doesn’t exist anymore as you now put NR on the new 2021 W-4, it’s a trap regardless of how we explain it as we are consenting to have our Earnings subject to the Tax. Replace withing the best way for man to earn a living outside the Tax and keep the company in compliance is the answer for what we are all searching.
I’ll keep everyone posted on the 1040-NR outcome, and, as always, I appreciate any advice.
Prayers…
I received a lock-in letter three years ago. I had Weiss and Associates (weissparis.com) provide me a letter which immediately stopped the IRS in their tracks.
If you have IRS problems, go to their website weissparis.com. They will help you no matter what your issue is.
They have helped me get four lien and levy issues dismissed in tax court for lack of jurisdiction. Also, they have a "revocation of election" process that can get you out of the tax program forever.