Posted by Common Right Group on November 17, 1997 at 17:32:43:
In Reply to: W8 or W4? posted by Craig on November 16, 1997 at 21:19:26:
: what are the advantages/pitfalls of using a W8 form in lieu of a
: W4?
: Are there any instances when a W8 should absolutely NOT be used?
Bear in mind that anything and everything said here is OPINION.
Our position is that the W8 should not be used unless you are a non-resident alien to the united states, in the original context. These people, with sources of income in these united States are very taxable, as they are exercising a privilege of deriving income from a place where they are not at home.
The W4 (WITHHOLDING ALLOWANCE) form is to be filled out AFTER the W4 (WITHHOLDING EXEMPTION) form if there are factors that render the WITHHOLDING EXEMPTION form insufficient. This is in the Internal Revenue Code, and both are named in the same section.
Our position is that anything you sign underr penalty of perjury is your declaration that every word on the document is true, whether you wrote it or someone else wrote it. You atest even to the words the IRS put on their form that you sign. We don't think there is a Law that requires anyone to sgn anything. If it is effective by operation of Law, the Law takes the place of any signature. We hold that anything requiring a signature is contractual of covenant in nature. Without the signature, there is nothing but the Law binding. Now comes the question, "What does the Law say?"
The bottom line of our response is: NEITHER OF THE ABOVE.