Terminating W-4 AgreementsHot! The laws and regulations providing for the withholding of employment taxes are found in Title 26, Subtitle C, Chapters 21 through Chapter 24. The legal provisions and defintion of terms for the implementation of the Social Security program and the withholding of its tax are contained therein. In the Code of Federal Regulations at Section 31.3402, which corresponds to 26 USC 3402(p), it states in pertinent parts: 26 CFR 31.3402 (p)-1 Voluntary withholding agreements. a) In general. An employee and his employer may enter into an agreement under section 3402 (p) to provide for the withholding of income tax b) an employee who desires to enter into an agreement under section 3402 (p) shall furnish his employer with Form W-4 (withholding exemption certificate) executed in accordance with the provisions of section 3402 (f) and the regulations thereunder. The furnishing of such Form W-4 shall constitute a request for withholding.... Furthermore, 26 CFR 31.3402 (p)-1(b)(2)states : An agreement under Section 3402(p) shall be effective for such period as the employer and the employee mutually agree upon. However, either the employer or the employee may terminate the agreement prior to the end of such period by furnishing a signed written notice to the other. (emphasis added) Additionally, Section 3401 clearly identifies who the employees are that are required to participate in Social Security. § 3401. Definitions (c) Employee For purposes of this chapter, the term employee includes an officer, employee or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term employee also includes an officer of a corporation. Since I and most Americans are not the Federal employee compelled to participate; Per the instructions provided by the aforementioned regulations, this is my formal notice to you, that I wish to formally terminate between us any and all W-4 agreements on file with you, as per 26 CFR Sec. 31.3402 (p)-1(b)(2), effectively immediately.
Posted on: Wed, 07 Jan 2015 21:50:06 +0000
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