Transcription
Hey guys, got another video for you today. And um, there's some talk going around about the revocation of election and other things. And um, I know some people are kind of concerned about it, but I'm going to show you guys that using the social security number does not mean that you are a US citizen or even a resident. Foreigners can still use social security numbers. I'm going to show you something.
All right, so we're going to go here. This is 26 CFR 301.6109-1 identifying numbers. Okay. And it says here in general taxpayer identifying numbers principal types. There are several types of taxpayer identifying numbers that include the following. Social security numbers, Internal Revenue Service individual taxpayer identification numbers. That's a that's not the social security number. IRS adoption taxpayer identification numbers and employer identification numbers. Social security numbers are taken take the form 0000-0000 d-000000 right? Those are the so everyone knows that if you have a social security number then uh yeah, you know IRS individual tax ID numbers and IRS adoption taxpayer ID numbers also take the form 0000-00-0000 but include specific numbers or numbers designated by the IRS, such as like the first three are designated by them. Whereas like the social security numbers are designated by area you're from, right? And then the next two is like the the time frame or something like that. All right. Um, EIN's employer identification numbers take the form 00-000000. Okay. Uses social security numbers, IRS individual taxpayer identification numbers and IRS adoption taxpayer identification numbers are used to identify individual persons. Persons uh EIN's are used to identify employers. Okay, that's like your trust or your LLC or your S corp or whatever, right? So, for the definition of social security number and employer identification number, see this. All right? And that one respectively.
So, we're going to click on that real quick because I'm going to show you this. Here's the definition of social security number. For purposes of this chapter, the term social security number means the taxpayer identifying number of an individual or estate which is assigned pursuant to section 611b or corresponding provisions or of prior law or pursuant to section 6109 and in which nine digits are separated by hyphens as follows. Such term does not include a number with a letter as a suffix which is also used to identify an auxiliary beneficiary under the social security program. The term account number and social security number refers to the same number. All right, that's the whole thing. That's a treasury decision by the way, TD736. Okay. Um, and that's the uh federal registry meaning that it is not law because it never was adopted. There's no statute, but this is this is just the internal workings of the IRS and the social security numbers. Okay, but that's the first one. See see what it's saying? It's an individual or an estate. So, I know people go, "Oh, I got to get the estate EIN." You can get it. There's no problem with that. But the social security number itself is can be the estate. So, if you want to use these estate um stuff, like I know people trying to do that and use these, it's already there. It's already set up. And anyone who is kind of wondering if that was the case or not, this confirms that yes, they have established an estate through that social security number. So, it's it already exists.
Now, the next one is the EIN's. For purposes of this chapter, the term employer identification number means the taxpayer identifi identifying number of an individual or other person whether or not an employer which is signed pursuant to section 10 of 6011b or corresponding provisions of prior law or pursuant to section 6109 and in which the digits separated by a hyphen as follows. Okay. The terms uh employer identification number and identification number defined here of this chapter refer to the same number, same treasury decision. All right, same federal registry. I mean, that shouldn't be shocking. It's all put together. But yeah, so the ID number or employer ID number, it's the same thing. That's your EIN. Okay.
So now we're going to back it up. We're going to go back to this, right? uh employer identification numbers are used to employ uh identify employers. Okay. Now, for the definition of IRS uh C paragraph D of this section, now we're not going to talk about those because I'm going to show you something about social security numbers specifically. Okay. But now that we know that it's an individual or an estate, let's see what it says. So, we're going to go down here. Got to go down a little while. All right. So, a bit of scrolling to do. So, you can see there's a lot of uh reading involved in this. All right.
Special rules for taxpayer identifying numbers issued to foreign persons. Oh, wait, wait a second. Yes. And I'm going to show you in here. It confirms that you can change your status with the IRS. Okay. And yes, they have a prescribed way. And yes, it's in exactly where I said it was. But here they're going to confirm that general rule social security. A social security number is generally identified in the records and database of the Internal Revenue Service as a number belonging to a US citizen or resident alien individual. A person may establish a different status for the number see by providing Oh, my uh mouse went dead. So you got to give me a second. But a person may establish a different status for the number by providing proof of foreign status with the Internal Revenue Service under such procedures as the Internal Revenue Service shall prescribe, including the use of a form as the Internal Revenue Service may specify. Okay, so my mouse died, so I would scroll down. Let me see if I can do it this way. All right. Oh, there we go. Okay.
So, uh, including the use of a form as the Internal Revenues Service may specify, upon accepting an individual as a non-resident alien individual, the the Internal Revenue Service will assign this status to the individual's social security number. Okay. So, that that confirms it right there. That's different, but that confirms it right there that we're talking about they will update your information in their system. So when that social security number is plugged in by these other entities like the courts and stuff like that, they go, "Wait, what's going on with this one? Hey, this is not a US citizen. He's not a resident." So you have to rebut the presumption that you are under uh that you're a US citizen or resident. Anytime you go to court, you got to put in the paperwork somewhere. All right? I don't care if you're in a in a court case about, you know, whatever stupid, you know, credit card debt or whatever. Put in there say, "Hey, you know, here comes the defendant or plaintiff, whatever, a citizen of state of," right? Or and then you could put national, right? Whatever. Okay. Um, but yeah, it's right in there. As long as you've done the revocation of election and you have shown that to be the case, then yes, right, you can you can utilize this and they courts will see it. But remember, they operate off presumptions. Okay? So, they have presumptions and stuff like that.
But here's the thing, and this is the thing I want to show you guys. This is important because if you if they say you're a US citizen and you don't rebut the presumption, this is what happens. Okay? And this is really really important. This is the other thing. When you stay quiet about things or if they stay quiet about things, this is what happens. All right? And we're going to go to here. These are uh maximums of law. Okay? And it says, I think I didn't put in the right spot. Hold on. Let's go. Where is it? Nope. Not far enough. Okay. Okay. All right. Here. This is it. I'm not even going to try saying that one. But he who is silent is supposed to consent. Okay? This is a maximum of law. The silence of a party implies his consent. And and keep this in mind, even if you're doing the other way around, if you're sending notices to them and they they don't say anything, that is their consent. Okay? It's right there. It's written right in their right in this book, right? This Black Laws fourth edition. All right? Look here. There's more. He who is silent is considered as asenting when his interest is at stake. Okay. You go to court and they say, "Well, you look, you're a resident." And I said, "Well, no, I'm not. I'm not resident. You guys have access to my social security number, right?" You say something like that, judge. Yeah. He not going to like that one. But what's going to happen, right? They already know that because they've already plugged your information in and the IRS is updates saying you're foreign and then they're going to make the presumption that you are a US citizen. All right. Uh he who is silent does not indeed confess but yet it is true that he does not deny. So if they say something you don't like, you got to you got to rebut it. You got to say something. You got to speak up. Okay.
So um this is the other thing about it right? So these these are really good maximums to understand right he who is silent is supposed to consent. The silence of a party implies his consent. That's it. And I've seen this like we write letters send it out to these government actors or whatever and then you don't hear from them ever again. Never again. Like when I wrote this stuff to the IRS, I got three letters from them and I've talked about it in different videos and I never heard from them again to this day. The only time I ever hear from them is when I do something like if I go get an EIN number, but other than that, they do not bother me. And it's because it's because of this right here. All right. Upon accepting an individual as a non-resident alien individual, the Internal Revenue Service will assign the status to an individual social security number. All right, it says now it says shall prescribe including the use of a form. And I know a lot of people ask me about forms and stuff like that, but I there there is no form. All right, there isn't one. I haven't found one. If there is one, it' probably be a very odd form that wouldn't relay or communicate that idea to anybody. So, just to let you know, if I do find a form like that, I will make a video about it. But until then, just write the letters and send it out to them and make sure you can stand on that information. All right, see you guys later. Peace.