AFFIDAVIT
(Establishing my “exempt” status with respect to Federal income taxes pursuant to 26USC 3402(n)
To: ______________________________________________
(Employer’s name)
Date_______________
This is my sworn affidavit, submitted pursuant to Section 3402(n) of the Internal Revenue Code (reproduced below), certifying that:
1. I incurred no liability for income tax imposed under subtitle A for the preceding taxable year.
2. I anticipate I will incur no liability for income tax imposed under subtitle A for the current taxable year; and
3. I had a right to a full refund of any and all amounts withheld for both years.
You can see by checking my statement against the law itself that I have fulfilled all the requirements contained in the law.
The law makes it perfectly clear that “not withstanding any other provision of this section… (i.e. Section 3402(n) that you”…..shall not be required to deduct and withhold any tax…” from my wages if I provide you with the certified statement contained in this affidavit. Let me further point out that under the law (Section 3402(n). I am not required to provide you of the IRS with any other document or statement because this affidavit fulfills all the requirements contained in the law.
Let me further remind you that no mimeographed letter or alleged regulation can abrogate or supercede my sworn statement and the clear language and intent of the law as shown below.
Internal Revenue Code Section 3402 (n)
(n) Employees incurring no income tax liability.
Not withstanding any other provision of this section, and employer shall not be required to deduct and withhold any tax under this chapter upon a payment of wages to an employee if there is in effect with respect to such payment a withholding exemption certificate (in such form containing such other information as the Secretary may prescribe) furnished to the employer certifying that the employee-
(1) incurred no liability for income tax imposed under subtitle A for his preceding taxable year, and
2) anticipates that he will incur no liability for income tax imposed under subtitle A for his current taxable year.
The Secretary shall by regulations provide for the coordination of the provisions of this subsection with the provisions of subsection (l)
Name: ______________________________________________________
Signature: ____________________________________________________
Notary: ______________________________________________________
My Commission Expires: ________________________________________
DISCLAIMER:  I make no claims for the accuracy of this information and express no personal opinion on the matter. The information was acquired off the web and from authors (owners of said pages) and other sources and described as “information” and I wanted to pass it along to anyone who might find it interesting or otherwise useful. I’d appreciate any feedback you’d care to share with me if you wish to proceed in a civilized manner. If the work is yours please email me and we can work something out.
I want to give the author the credit they deserve or remove the piece.

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