Still in force is IRC Section 6682 that imposes a Civil penalty of $500 for a false withholding statement. Such does not apply to taxes other than Chapter 24 (employment taxes). Also still in effect is Section 7205 incuring criminal penalty for any individual required to supply information by Form W-4 that would be determined to be fraudulent. Also still in effect is the disinformation that is offered on the W-4 by the wilfull omission of the critical word "government" when refering to employees withholding. This absence then creates the impression that workers in the Private sector are subject/required to withholding by W-4. Private workers are actually "immune" and any fines or penalties by IRS against same for claiming such are in violation or the law. You should turn your employer over to the IRS for making you file this W-4 form. You can find that authority at IRS Code Section 7206(2) which states: Sec. 7206. Fraud and false statements. Any person who (2) aid or assistance. Willfully aids or assists in or procures, counsels, or advises the preparation or presentation under, or in connection with any matter arising under, the internal revenue laws, of a return, affidavit, claim or other document, which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim or document....shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $1000,000 ($5000,000 in the case of a corporation) or imprisoned not more than 3 years or both, together with the costs of prosecution. Now when you tell a private employer that the W-4 form does to apply to you and only government employees and they mandate you fill it out, then they are assisting you in making out a false statement and you should turn them in. Why should we get all the fines?
Posted on: Wed, 25 Sep 2013 19:14:49 +0000
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