How do I file tax return and still have 5th Amendment?

[Matt Collins]

Does anyone know how I can file a tax return and still have my 5th Amendment protection?

 

[danberkeley]

You cant

 

[newyearsrevolution08]

what about a business tax return instead of personal?

 

[Matt Collins]

what about a business tax return instead of personal?

I am simply talking about my personal income tax return

 

[Danke]

I am simply talking about my personal income tax return

What are you worried about? Self incrimination in a criminal case?

 

[Matt Collins]

What are you worried about? Self incrimination in a criminal case?

I am worried about the right to NOT incriminate myself.

Anything put on a tax form and submitted can be used against me in a court of law. But the 5th Amendment says that the government cannot compel me to testify against myself.

Catch 22?

 

[Danke]

I am worried about the right to NOT incriminate myself.

Anything put on a tax form and submitted can be used against me in a court of law. But the 5th Amendment says that the government cannot compel me to testify against myself.

Catch 22?

Then don't voluntarily engage in taxable activities.

 

[Matt Collins]

Then don't voluntarily engage in taxable activities.

Like earning income?

 

[John E]

Interesting question...

 

[danberkeley]

Like earning income?

Yes! Cant you see that we are a democratic society and, therefore, we should not be productive?... i mean...

 

[Acala]

easy

Figure out how much tax you owe and send in a check for that amount with a note saying that is to cover your income tax liability for the year. That way you can't be prosecuted for non-payment (assuming you paid the total amount due) and the 5th amendment prevents you from being prosecuted for failure to file a return.

But take this advice with a grain of salt. Consult a tax lawyer.

 

[danberkeley]

Figure out how much tax you owe and send in a check for that amount with a note saying that is to cover your income tax liability for the year. That way you can't be prosecuted for non-payment (assuming you paid the total amount due) and the 5th amendment prevents you from being prosecuted for failure to file a return.

But take this advice with a grain of salt. Consult a tax lawyer.

What if you get audited?

 

[Danke]

Like earning income?

Yes.

 

[hypnagogue]

Earning income is not a criminal offense and paying taxes are not a punitive action. Thus filing a tax return is not incriminating yourself.

Really, if you don't like a law work to change it, but don't burn your credibility coming up with contrived legal arguments that it's not a law.

 

[Acala]

audited

What if you get audited?

You answer their questions and provide your records. Essentially all you are doing by not filing a return is making them do the paperwork.

 

[MoneyWhereMyMouthIs2]

Like earning income?

Lots of people don't. Some aren't capable. I thought some others were just scrubs, but it turns out that they might be tax protestors.

 

[Acala]

Not quite

Earning income is not a criminal offense and paying taxes are not a punitive action. Thus filing a tax return is not incriminating yourself.

Really, if you don't like a law work to change it, but don't burn your credibility coming up with contrived legal arguments that it's not a law.

The 5th amendment protects you from being forced to give evidence that could be used against you for criminal prosecution. The information in your tax return could be used as evidence against you. So you cannot be forced to give it. I believe this has been upheld in court. But the 5th amendment does NOT relieve you of the statutory obligation to pay the tax.

But I actually agree with you. Change the law. I also agree that most of the tax protester legal arguments don't hold water.

 

[polomertz]

You can file a tax return and sort of protect your 5th Amendment rights by NOT SIGNING YOUR RETURN.

DO NOT SIGN YOUR TAX RETURN.

I have done this a few times in the past but now I don't file at all. You will get your return, and then a few months later a letter asking for you to sign. Don't ever sign anything from them. Don't do it.


"By signing the 1040 Income Tax Confession Form under oath that their Income Tax Confession Forms were 'true, correct and complete' and making it easy for the Government to come after them and jail them."
"According to the IRS, there are over 63 million non-filers. If you file and sign your income tax returns, your chances of going to jail are 8 times greater than if you do nothing."
-Taken from The Republic Magazine Issue 5 - The Federal Income Tax Scam.

I've also heard Joe Banister saying that in tax court they frequently blow up your signature on your tax return real big to display in court. After that, it just depends on how the court views you, tax-evader, or liberty-defender. Apparently it really can go either way.

 

[Matt Collins]

Figure out how much tax you owe and send in a check for that amount with a note saying that is to cover your income tax liability for the year. That way you can't be prosecuted for non-payment (assuming you paid the total amount due) and the 5th amendment prevents you from being prosecuted for failure to file a return.

We are not talking about payment... we are talking about filing a return. How can I file a return without waiving my right to not self-incriminate?

 

[Matt Collins]

What if you get audited?

That doesn't matter because I don't have to tell them anything. Again I don't have to testify against myself.