Privacy Act and Paperwork
Reduction Act Notice
Form W-4 instructions
The Internal Revenue Code requires this information under section
3402(f)(2)(A) and 6109 and their regulations.
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What does IRC section 6109 actually require?
Internal Revenue Code
Sec. 6109. Identifying
numbers
(a) Supplying of identifying numbers
When required by
regulations prescribed by the Secretary:
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The IRC section
(Congressional Law) hands off its authority to the Secretary of
Treasury. "When
required by
regulations" means When "If required by regulations."
Internal Revenue Code
Sec. 6109. Identifying
numbers
-STATUTE-
(a) Supplying of identifying numbers
When required by
regulations prescribed by the Secretary:
(1) Inclusion in returns
Any person required
under the authority of this title to
make a return, statement, or other document shall include in such return,
statement, or other document such
identifying number as may be prescribed for securing proper
identification of such person.
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- When If required by regulations an identifying number is required when
somebody makes a return.
- Only in the case of somebody actually
being required to fill out a form W-4 would this IRC section require an
identifying number; When If required by regulations.
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This next few paragraphs can
be a little hard to follow. I have color coded the word person according to whether it is you, or your boss / human
resources director.
The following has also been parsed for readability. This
parsed page opens in a new window. Just close
it
when you are done.
Internal Revenue Code
Sec. 6109. Identifying
numbers
(a) Supplying of identifying numbers
When required by
regulations prescribed by the Secretary:
(2) Furnishing number to other persons
Any person
with respect to whom a return, statement, or other document is required
under the authority of this title to
be made by another person or whose identifying
number is required to be shown
on a return of another person shall furnish to such other person such identifying number
as may be prescribed
for securing his proper identification.
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- When If required by regulations you are
required
to furnish your identifying
number (SSN)
to your boss.
- If you
are NOT
required by regulations, you are NOT required
to furnish your identifying
number (SSN) to your boss.
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Internal Revenue Code
Sec. 6109. Identifying
numbers
(a) Supplying of identifying numbers
When required by
regulations prescribed by the Secretary:
(3) Furnishing number of another person
Any person required under the
authority of this title to make a
return, statement, or other document with respect to another person shall
request from such other person,
and shall include in any
such return, statement,
or other document, such identifying
number as may be
prescribed for securing proper identification of such other person.
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- When If required by regulations your boss
is required to request from you, your identifying
number.
- If your boss
is NOT "required by regulations", your boss
is NOT
required to ask you for your number.
- When If required by regulations your boss
is required to include your identifying
number on a return, statement, or other document submitted to the IRS.
- If your boss
is NOT
"required by regulations",
your boss is NOT
required
to include your
identifying number on a return, statement, or other document
your boss submits to the IRS.
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Does it stand
to reason, that if your boss is not
required to ask you
for your number,
your boss
can't include your
number on his returns unless you give it to him?
Does it stand to reason,
that if your boss is NOT required to
ask you for your number, your boss
is NOT
required to include it on his returns?
In every
case, is the statutory command prefaced with the statement: "When required by regulations" (When If required by regulations)?
Does it stand to reason that
we
must look to the regulations to determine what the rules (regulations)
are in regard
to furnishing our
numbers to other persons?
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