Form W-8BEN

In the grand scheme of things, my state Arizona (and your state also), are one of 50 several (or sever-ed, separated) states and are in actuality independent nation-states which comprise a national federation. We aren’t accustomed to using those terms in quite that order, but in our civil society in particular, it’s a concept with which we should become familiar.

Bear in mind that the term “state” is not the same as territory, but rather, learn to read state as “the governing power of”... as with “The State of Colorado”, or “The State of Florida”, each a Federal Area¹ which are quite literally neither Colorado nor Florida respectively. We know it to be a foreign corporate de facto sham.

Resources: [W-8BEN instructions on the IRS.gov site], Cornell LII 26 CFR 7701; Black’s Law Dictionary, Merriam Webster online, Cornell LII Shipping Act of 1916 (Maritime Law);

Status: Under Construction, open for discussion

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Key Downloads:

Form W-8BEN [pdf]
Instructions for Form W-8BEN [pdf] (W-8Instr)
W-8BEN instructions and resources: IRS.gov site

Qualify for Tax Exemption:

First, and I just can’t help myself but to say, “6516 words to describe how and why to fill out a one-page form. “Could these people be bigger tools?” Sorry… got that off my chest. If they frustrate you enough, they hope you’ll just give up and pay them.

Definitions:

Much of the 6516 words over nine pages (9) of instructions.pdf for form W-8BEN deal with definitions; the meaning of the words in use. As with most witchcraft, they baffle you with bullshit until your mind goes numb and you stop listening, stop researching the horde of definitions, as well as dependent “clauses” and related CFR citations, and just acquiesce and do what they tell you. Stay alert, and learn what words they’re using and what is truly meant by what they say and what they write.

26 CFR §7701(b)(6): Lawful permanent resident For purposes of this subsection, an individual is a lawful permanent resident of the United States at any time if—
(A) such individual has the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, and
(B) such status has not been revoked (and has not been administratively or judicially determined to have been abandoned).
An individual shall cease to be treated as a lawful permanent resident of the United States if such individual commences to be treated as a resident of a foreign country under the provisions of a tax treaty between the United States and the foreign country, does not waive the benefits of such treaty applicable to residents of the foreign country, and notifies the Secretary of the commencement of such treatment.
NOTE: (Your state of nativity or domicile is a country foreign to the “United States” and notification of the Secretary of commencement of your “status” is a step purported by David Straight. I have not yet found a “treaty” citing or reference that is valid outside of 26 CFR §1.1-1(a)(1) & (c).)

ITIN – Individual Taxpayer Identification Number

Foreign (TIN) Tax Identification Number

(pg 5) FFI – Foreign financial institution; abbreviation

(pg 5) Hybrid Entity – any “person” other than an individual treated as fiscally transparent for purposes of its statutes under the code; relevant for claiming treaty benefits.

Key Points from “W-8Instr” Instructions .pdf:

Do download the .pdf instructions (W-8Instr) and give them a read; you should make the form your own, using my work as a guide and example, and not simply parrot what I’ve done. That’s why the first half of this post is an “education”.

• (pg1) Line 10: claims of tax treaty benefits – to include representations required by individuals claiming treaty benefits
• (pg 2) “…you must provide Form W-8BEN to:
  • Establish that you are not a U.S. Person
  • claim exemption from withholding as a resident of “domiciled” to a foreign country
  • not subject to foreign-person withholding at a rate of 30% under section 1411
• (pg 2) Who Must Provide Form W-8BEN:
  • nonresident alien
  • you are considered the beneficial owner of income received by the disregarded entity
• (Pg 3) Giving Form W-8BEN to the withholding agent (payroll clerk, or sim.)
  • if you receive more than one type of income [Part II, line 10]
    • (interest, dividends, sales revenue may each need be specified)
  • withholding agent may require a W-8BEN for each income type [Part II, line 10]
    • separate withholding agents require a unique form
    • (bank, broker, merchants have different applications, specific to activity)
• (pg 3) Expiration of Form W-8BEN
  • generally remains in effect for purpose of establishing foreign status for a period from the sign date and ending on the last day of the third succeeding calendar year.
  • under certain conditions, W-8BEN can remain in effect indefinitely
  • changes of circumstances (form information like address) requires new submission
• (pg 4) Amounts subject to withholding
  • amounts subject to chapter 3 withholding from sources within the United States that is fixed or determinable annual or periodical (FDAP) income per 1.1441-2
    • state nationals are not “within the United States” but sources of income may be
    • Chapter 3: withholding tax on nonresident aliens and foreign corporations
  • an amount subject to chapter 4 is of U.S. source FDAP income per 1.1473-1(a)
    • Chapter 4: taxes to enforce reporting on certain foreign accounts

Specific Instructions:

if you’ve read the details above, while supplying information to the sections on the form as a “State National”, you’ll recognize a few basic foundational ideas. Forms are written by BAR attorneys to remove liability from the form issuer and place it upon you. It’s up to you to recognize the errors inherent to the form, and correct them. The instructions below include both a likely response for the form, as well as the rationale behind it.

1. you are not a “citizen, person, or resident” if you have declared your corrected status
2. then, no longer a “U.S. Citizen”, and no longer associated with the “United States” (inc.)
3. your ALL CAPS entity, a “vessel” sim. “JOHN QUINCY PUBLIC” is not “you”
4. your home address, state abbreviation, and zip code as “residence” are all “federal areas”.

• Specific Instructions (Part 1)
  • Line 1: (pg 6) Enter your name if you are a foreign individual who is the single owner of a disregarded entity that is not a “hybrid entity”
    • EX: “by: john quincy public^©, L.S.; disregarded: “JOHN QUINCY PUBLIC”^© [vessel]“
    • I included my Christian name as “by: john quincy public, L.S. (living soul) and
    • also my ALL CAPS vessel as “JOHN QUINCY PUBLIC, [vessel]”
      • since this remains on my banking activity account for deposits (little choice)
      • I believe this to be the “disregarded entity”, with “you” as single owner
    • “if the account to which a payment is made or credited is in the name of the disregarded entity, you should inform the withholding agent of this…”
    • This can be done by including the name and account number of the disregarded entity on line 7 (see image example)
  • Line 2: (pg 6) Enter your “country” of citizenship
    • EX: “Texas State“, or “Arizona State”
    • also correct the term “citizenship” with type-over “allegiance”
    • you don’t “reside”, are likely not a “citizen”, and your state is your “country”
    • correcting your status declares your “allegiance” to your state as a “national”
  • Line 3: (pg 6) your permanent “residence”
    • EX: “rural route: 65432 West Sunshine Boulevard“
    • also correct the term “residence address” with type-over “domicile”
      • instructions exclude a P.O. box or “c/o” address,
      • specifying “rural route” should avoid the federal areas inclusion
    • EX: “Sun City, Arizona [PCE: 85351]”
      • spell out your state, use no abbreviation
      • bracket your zip code [removes from contract], “near USPS station” or PCE:
        • PCE: for “Postal Code Extension”
        • I have also seen [85351/tdc], for condition: “threat, duress, and coercion”
      • you do not have a “tax residence”, though to assume you do benefits them
  • Line 4: (pg 6) alternate entry for a mailing address which is NOT your primary domicile
  • Line 5: (pg 6) If you have a Social Security Number… (SSN or ITIN)
    • EX: “N/A” if you have rescinded this using Form 56
    • continued use of this number is an acceptance of “federal services”
    • use IRS Form 56 to rescind this number, it’s the property of those who issue it
      • instructions for this are pending / being researched
      • to also reclaim the benefits you paid into it over your working life
  • Line 6a: (pg 6) Foreign tax identifying number
    • EX: ““not lawfully required.”” since your country is your home state, income tax doesn’t apply (corrected)²
    • assumes you are bound to pay tax in another country
    • also assumes your jurisdiction “with the United States”, from which you removed
    • offers no option for the “sovereign who owe no duty or service to the state”
  • Line 6b: (pg 7) If FTIN not required
    • EX: “[X]” (check the box)
    • since your country is your home state, a FTIN doesn’t apply, as stated:
    • “if you are an account holder…not legally required to obtain an FTIN from your jurisdiction of residence “domicile”…
    • and adds, explanations may be provided in margin or separate statement
  • Line 7: (pg 7) reference information
    • EX: “Ref: “JOHN QUINCY PUBLIC”^©; #123456789 (per CSFCU)“
    • include account “NAME” and account number associated with the form
      • “CSFCU” might be “Copper State Federal Credit Union”
    • for the account to which payment is made in the name of the “disregarded entity”
      • see line 1: “single owner of a disregarded entity”
  • Line 8: (pg 7) date of birth (or berth?)
    • the instructions state: “IF you are supplying for financial institution as described in Line 6… for a FFI (foreign financial institution) holding an account with a “U.S. office of a financial institution” THEN provide your date of birth (or berth?).
      • cognitive dissonance – witchcraft, to offer information that doesn’t apply to you
      • unless your activity falls within Line 6 description (it likely doesn’t).

• Specific Instructions (Part II)
  • Line 9: (pg 7) claiming treaty benefits, or (f) “identify the country where you claim to be a “resident” for income tax treaty purposes” (ref: 26 CFR §1.1446(f)-1 see notes above)
    • EX: “Arizona State, without “UNITED STATES” (inc.)“
    • also correct the term “a resident of” with type-over “domiciled on”
    • complete with link to a list of “treaty countries” that doesn’t apply to you (cognitive dissonance, witchcraft)
  • Line 10: (pg 7) claiming treaty benefits
    • EX: “26 CFR §1.1-1(a)(1) & (c)” (specified in so named section above)
      • their code, 26 CFR, specifies it applies to “U.S. Citizen” and “United States”
      • neither applies to a State National who has corrected their status
    • EX: “0.0%” for rate
    • EX: (specify type of income) “broker transactions by exempt nonresident alien “man” foreign to “U.S.”; or as “barter exchange” or “trade” (non-commerce)”
      • (W-8Instr) instructions (pg 9) Income from transactions with a broker or a barter exchange is subject to reporting UNLESS the broker is notified with Form W-8BEN or similar notice.
    • EX: “not subject to jurisdiction (U.S. / D.C.); non-resident alien, beneficial owner [L.S.]; not disregarded entity [vessel];“

Print – considering you are dealing with jurisdictional issues, it is best to print in color!

Part III contains much specification and qualification that does not apply, to the point that you are asked to confirm things that don’t apply to you which may associate you with the statements if you don’t remove them from the “statement you’re signing under penalty of perjury”… So, I’ve made the effort to remove anything that is unclear or does not apply.

• Specific Instructions (Part III) (for 5 bulleted points)
  • correct the term “the individual” with type-over “man”, and line-out the remainder
  • line-out the term “person“, and add note “for all notes correcting: “person”, read as “man”
  • this form relates to: (which is why (b), (c), and (d) are lined-out), these do not apply
    (a) is the only statement not needing correction “not connected with United States“.
  • line-out the term “person“, and add note “domiciled as” over or in place of “a resident of the treaty country listed“
  • line-out the term “person“, is the only other statement needing minor correction
• For the signature line, [X] check the box, then line-out the “entire phrase“, and add note “i affirm as autographed,” (you are not signing for the person identified).
• for “Print name of signer“, line out “of signer”, use their box to type (or print yourself) “ref: John Quincy Public^©” (your tradename) the form prints blue, or use blue ink.
• for the Date, use their box (or print yourself) in the format requested.
• For the signature field (above the “print name…” field), autograph your given name in red, over a stamp (if you like), include the date on stamp, and apply your seal. Add your thumbprint in red touching your autograph.

• Signing the W-8BEN
  • I signed in red, including a “by:” line, as my “given name^©, L.S.“
  • I included a postage stamp, cancelled by signing and dating over it
    • enters into international jurisdiction, UPU (see: postal power)
    • makes you the postmaster for the document
  • I applied my “Tradename” seal in blue which also touches the stamp
    • (I know, this is an estate seal, it’s the image I already had…)
  • finally, I applied a thumbprint in red, that touches my L.S. autograph
    • there’s no arguing “person” or “entity”, which don’t have thumbs.
    • An autograph is an an “authorization graphic”

Additional notes:

assumption that you need a SSN (another Federal Area) READ REFERENCES:
social security – FICA opt out [Investor’s Business Daily] for “U.S. Citizens”…
2020 “relief” programs [Bloomberg]

You participate in international trade, consideration in exchange for service or trade of property as a private matter, not classified as “commerce” among corporate entities over which the United States and it’s Federal Agencies have no jurisdiction. If you operate a business as a corporation, LLC, or similar in “services to the public”, that activity proceeds in “public” and has tax liability. [verify]

FOOTNOTES:

¹ An excellent overview of the Federal Area concept, listen to:
“State vs. U.S. Citizenship…” by Constitutional Commando

² Nestled in between the instructions for “line 6 and line 7” (CTRL+F search the page), is this interesting snippet of information:

“If you are providing this form to document a financial account described above but you do not enter a TIN on line 6, and you are not a resident of a U.S. possession, you must provide the withholding agent with an explanation for why you have not been issued a TIN. For this purpose, an explanation is a statement that you are not legally required to obtain a TIN in your jurisdiction of tax residence. The explanation may be written on line 6, in the margins of the form, or on a separate attached statement associated with the form. If you are writing the explanation on line 6, you may shorten it to “not legally required.” Do not write “not applicable.”

³ A “document-dump” is a tactic used often by government to throw piles of paperwork or reference material to dissuade or distract you, excusing them from dealing with the issue at hand. (the lowest of the low BAR tactics) It’s how the social media platforms refer your to their “online terms of service” guiding you to go read their entire TOS (to possibly find yourself) what they say you did wrong. Frankly, that’s a trespass of my rights. They made the charge, the burden of proof is on them. If you’re going to hold me accountable for a “trespass”, I have the right to be confronted with my accusers and the accusations made plain. “But you agreed to our TOS” is, in my book, cause to have you fill out the reciprocal request for “rights to visit your testicles” which would be stapled to the board between the javelina and antelope I had mounted above my fireplace last spring.