[80759] in Cypherpunks
Re: SSN and passport
daemon@ATHENA.MIT.EDU (frissell@panix.com)
Tue May 27 21:19:29 1997
From: frissell@panix.com
Date: Tue, 27 May 1997 20:33:31 -0400
To: "Mark M." <markm@voicenet.com>, cypherpunks@cyberpass.net
In-Reply-To: <Pine.LNX.3.95.970527164552.914A-100000@purple.voicenet.com
>
Reply-To: frissell@panix.com
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At 05:02 PM 5/27/97 -0400, Mark M. wrote:
>I don't know the reason, but the IRS tax code requires that all passport
>applicants supply their SSNs to the IRS. =20
The Feds would like to keep track of and find expatriate Americans who don't=
=20
file tax returns (some 60% of the total). Unlike almost all other=
countries,=20
the U.S. taxes all of its citizens even those who have never set foot in=20
America.
>The penalty for failing to
>notify is $500. I recently encountered this situation and just left
>the SSN blank. After explaining to the lady behind the counter that
>I was not required to give my SSN to the State Department, she eventually
>accepted the application without the SSN. I sent a letter to the IRS
>(address where tax returns are supposed to be sent) explainging the
>situation and included my SSN in the letter. I applied for the passport
>two months ago and have not been hassled by the IRS. A sample letter
>is at ftp.cpsr.org/cpsr/privacy/ssn/passport.ps. There's also more
>about this in the SSN FAQ.
Here's the US Code Section from=20
http://www.law.cornell.edu/uscode/26/6039E.html =20
UNITED STATES CODE=20
TITLE 26 - INTERNAL REVENUE CODE=20
Subtitle F - Procedure and Administration=20
CHAPTER 61 - INFORMATION AND RETURNS=20
Subchapter A - Returns and Records=20
PART III - INFORMATION RETURNS=20
Subpart A - Information Concerning=
Persons=20
Subject to Special Provisions=20
=A7 6039E. Information concerning resident status
(a) General rule=20
Notwithstanding any other provision of law, any individual who -=20
(1) applies for a United States passport (or a renewal thereof),=
or=20
(2) applies to be lawfully accorded the privilege of residing=20
permanently in the United States as an immigrant in
accordance with the immigration laws, shall include with any such=
=20
^^^^^^^^^^^^^^^^^^^^^^^^^^^
application a statement which includes the
^^^^^^^^^^^
information described in subsection (b).=20
(b) Information to be provided=20
Information required under subsection (a) shall include -=20
(1) the taxpayer's TIN (if any),=20
(2) in the case of a passport applicant, any foreign country in=20
which such individual is residing,=20
(3) in the case of an individual seeking permanent residence,=20
information with respect to whether such individual
is required to file a return of the tax imposed by chapter 1 for=
=20
such individual's most recent 3 taxable years, and=20
(4) such other information as the Secretary may prescribe.=20
(c) Penalty=20
Any individual failing to provide a statement required under subsection=
=20
(a) shall be subject to a penalty equal to $500
for each such failure, unless it is shown that such failure is due to=
=20
reasonable cause and not to willful neglect.=20
(d) Information to be provided to Secretary=20
Notwithstanding any other provision of law, any agency of the United=20
States which collects (or is required to collect) the
statement under subsection (a) shall -=20
(1) provide any such statement to the Secretary, and=20
(2) provide to the Secretary the name (and any other identifying=
=20
information) of any individual refusing to comply
with the provisions of subsection (a). Nothing in the preceding=20
sentence shall be construed to require the
disclosure of information which is subject to section 245A of the=
=20
Immigration and Nationality Act (as in effect on
the date of the enactment of this sentence).=20
(e) Exemption=20
The Secretary may by regulations exempt any class of individuals from=
the=20
requirements of this section if he determines
that applying this section to such individuals is not necessary to=
carry=20
out the purposes of this section.=20
***************
It seems to say that the TIN (Taxpayer ID Number) has to accompany the=20
application. In theory, State can't deny a passport based on refusal to=20
supply the number but your mileage may vary. As far as we can determine, no=
=20
one has ever been fined $500 by IRS. Looks like fodder for the sheeple to=
me.
I'm reapplying this summer and will not rat on myself. We'll see how it=
goes.
In the half dozen refusals to supply number that I am personally familiar=20
with, the passport has never been refused.
The report of a foreign address is a real laugh riot since US sheeple are=
not=20
subject to address registration and can claim any address they like=
(although=20
in that case, I guess they're not sheeple).
DCF
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