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WITHHOLDING RESEARCH page 1
This research is for Americans, who are working in normal, ordinary jobs like working for State Corporations or State Companies that are in one of the fifty states of the union of states known as the United States of America.
None of this is legal advice. I am not a lawyer and do not pretend to be.
I am a paralegal researcher, destined to find the truth and expose it to the best of my abilities.
This research begins, like most, with the definitions.
Those definitions found herein govern and control the activities described.
The Statute sections shown also govern and control the activities.
The definitions are extensive, and so for the sake of brevity, only the first 16 definitions are shown, in the captured text, although the full text can be read at the website page link shown here. http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00007701----000-.html
All statute and regulation links are to Cornell University’s law library link, which is one of the best and greatest free internet links ever, for studying Federal Law and Federal Regulations.
Now, please read the definition of Number 16.
I have highlighted it for you. Notice how many sections are involved with the Withholding Agent, because this is very vital to a full understanding.
Please take note of which Statute Sections withholding applies to, for this is vital in pinning down the exact activities that are required by law, and to see if it applies to you and your work.
TITLE 26 > Subtitle F > CHAPTER 79 > § 7701 |
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§ 7701. Definitions |
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(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof— |
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(1) Person
The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
(2) Partnership and partner
The term “partnership” includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term “partner” includes a member in such a syndicate, group, pool, joint venture, or organization.
(3) Corporation
The term “corporation” includes associations, joint-stock companies, and insurance companies.
(4) Domestic
The term “domestic” when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations.
(5) Foreign
The term “foreign” when applied to a corporation or partnership means a corporation or partnership which is not domestic.
(6) Fiduciary
The term “fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person.
(7) Stock
The term “stock” includes shares in an association, joint-stock company, or insurance company.
(8) Shareholder
The term “shareholder” includes a member in an association, joint-stock company, or insurance company.
(9) United States
The term “United States” when used in a geographical sense includes only the States and the District of Columbia.
(10) State
The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
(11) Secretary of the Treasury and Secretary |
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(A) Secretary of the Treasury
The term “Secretary of the Treasury” means the Secretary of the Treasury, personally, and shall not include any delegate of his.
(B) Secretary
The term “Secretary” means the Secretary of the Treasury or his delegate. |
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(12) Delegate |
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(A) In general
The term “or his delegate”— |
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(i) when used with reference to the Secretary of the Treasury, means any officer, employee, or agency of the Treasury Department duly authorized by the Secretary of the Treasury directly, or indirectly by one or more redelegations of authority, to perform the function mentioned or described in the context; and
(ii) when used with reference to any other official of the United States, shall be similarly construed. |
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(B) Performance of certain functions in Guam or American Samoa
The term “delegate,” in relation to the performance of functions in Guam or American Samoa with respect to the taxes imposed by chapters 1, 2, and 21, also includes any officer or employee of any other department or agency of the United States, or of any possession thereof, duly authorized by the Secretary (directly, or indirectly by one or more redelegations of authority) to perform such functions. |
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(13) Commissioner
The term “Commissioner” means the Commissioner of Internal Revenue.
(14) Taxpayer
The term “taxpayer” means any person subject to any internal revenue tax.
(15) Military or naval forces and armed forces of the United States
The term “military or naval forces of the United States” and the term “Armed Forces of the United States” each includes all regular and reserve components of the uniformed services which are subject to the jurisdiction of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, and each term also includes the Coast Guard. The members of such forces include commissioned officers and personnel below the grade of commissioned officers in such forces.
(16) Withholding agent
The term “withholding agent” means any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461. |
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So, as it states, these Withholding Agents are obviously limited in their scope and activity to four and ONLY four statutes, 26 USC 1441, 1442, 1443 and 1461.
Please tell me if you agree that “Withholding” is limited to these four statutes listed in 26 USC 7701(a)(16), by circling one of the two choices below.
(1) (I agree) (2) (I disagree)
Withholding Research PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14
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