You only get a Social Security Number if you apply for one. If you don’t work as an employee, and don’t get any income from “self employment” (personal business profit), you don’t have to pay Social Security tax.
Come tax time, the IRS wants you to put your Social Security Number on your tax returns, as a kind of taxpayer ID number. Section 6109(a) of the Internal Revenue Code (26 USC) says you have to use a tax ID number, and section 6109(d) says an individual’s tax ID number is supposed to be his Social Security Number.
But I can’t find anywhere in the tax codes or treasury regulations where it says I HAVE to get a Social Security Number! If I’ve never worked as an employee or as “self-employed”, can’t I just get some other kind of Tax ID number? Heck, IRC section 3127 even says I can be exempted from participating in the Social Security program if my religious beliefs oppose it – wouldn’t non-participation in Social Security mean I wouldn’t have a SSN?
The truth, as always, is more complicated than that.
I’d like to see what kinds of “untaxable profit” you collect that can get around IRC sections 61(a) and 1402(a).
BTW, religious exemption from Social Security Tax does not exempt an individual from Income Tax. So what I’m really asking in the OP is, if you’re exempt from SS tax, or if you don’t pay SS tax because you’re not employed or self-employed, does this mean you still have to get an SSN?
It’s worse than that. If you are the dependent of a taxpayer who claims you on his/her return and are more than 11 months old, you have to have a Social Security number as your identification as his/her dependent. (Actually he/she has to apply and receive one in your behalf, but you get the idea.)
It isn’t voluntary to give it out to the IRS, though. IRC section 6109(a) requires it to be on a tax return.
With regard to Dependents, you don’t have to get SSNs for your Dependents if you aren’t going to claim them on your tax return. Of course, if you don’t claim them on your tax return, your taxes will be higher…
tracer: So, if a SSN is required on a tax return, how do I fill out a 1040 without giving up my 4th Amendment rights? Which, I believe, is what protects our SSN.
Poly is right - I had to have a SSN for my kids to claim them as dependants.
I was talking to a guy not long ago who would probably look Libertarian look like a liberal. I don’t know all the details, but the way he talked, this guy signed an affidavit revoking his rights to Social Security and had his number invalidated. He pays no FICA tax. He says the only result is that he can’t get Social Security when he retires. I don’t know what he uses for an ID number, but he gets away with it.
He’s working on revoking what ever he needs to to exempt himself from income tax. Again I don’t know all the details, but some how it means revoking your signature on any document that is considered a contract with the state or federal govt. - like a marriage license. This somehow nullifies a “strawman” in your name Washington that the taxes are collected against. Like I said - I don’t know all the details, but I do know that for this thing to work - this guy better have every “t” crossed, every “i” dotted and every duck in a row or he’s gonna be hurting with the IRS.
“We love Him because He first loved us.” 1 John 4:19 †
Nope, tracer. Section 6109(a), as you said, says you have to have a tax ID number. They prefer an SSN (as per 6109(d)), but I believe the IRS is required to provide an ID number for those w/o SSNs.
Tax lawyers in the house?
In theory, Peter North is correct–giving out your SSN is a voluntary thing. Been there, tried it. Credit card companies will issue an ID if you refuse to give them your number, so will insurance companies. But they’re not happy about it.
Actually, in Georgia, the SSN used to be the default drivers license number. That requirement was dropped several years ago and people are still being encouraged to have their DL number changed. Having your SSN, address, and signature all in one place is an open invitation to identity fraud.
The overwhelming majority of people have more than the average (mean) number of legs. – E. Grebenik
While, practically speaking, it’s generally a useful thing to have even if you don’t plan on collecting social security, a social security number is not required. The Amish, for instance, don’t have SSNs. Of course, they don’t collect social security, or have driver’s licenses, etc etc.
You may apply for a tax ID number to use instead of a SSN. There are a number of forms available on gov’t internet sites that you can print out. Check out the IRS site.
When my grandson was born, my daughter had to provide information for both his birth certificate and SS. Perhaps the SS was optional, but she wasn’t under that impression.
Mjollnir: If I remember correctly, the “National ID” push was stopped in it’s tracks. The SSN would have been used. The requirement of SSN on driver’s licenses was part of that proposed federal legislation that was defeated. If your state claims that that is a federal requirement, that IS FALSE. Many states may try to do so anyway simply because they set up their systems to incorporate the SSN in anticipation that the National ID requirement would be in place.
There is a federal law in place that requires you to provide your SSN when obtaining a new drivers license. At least that’s what I was told last year when I questioned why they were asking for it. I was told that it was in connection to tracking down “dead-beat dads” who didn’t pay their child support. It didn’t seem to matter that I didn’t have minor children.
Andros:
There are two things I never do. (1) Give out my SSN unless I legally am required to do so, and (2)provide my mother’s real maiden name. Most often, those who ask for SSN will accept a driver’s license number instead.
You can stand tall without standing on someone. You can be a victor without having victims. -Harriet Woods-
A few years back, there was a case in California where an applicant for a Drivers License refused to give a Social Security Number for religious reasons. The DMV denied the religious person’s application for a Drivers License on that basis, whereupon the person took the DMV to court and won his case and was allowed to have a license without an SSN. The DMV appealed this decision and lost again.
I don’t know if California currently has a form you can fill out for SSN exemption on a drivers license application, but I think you can send a letter along with your application explaining why you’re not including your SSN.
And its good to know that I can apply for a taxpayer ID number from the IRS that has nothing to do with my SSN. (Even though I’ve been using my SSN for years and intend to keep doing so. Believe it or not, I actually don’t see SSNs as much of a privacy issue – no more so than an arbitrarily-assigned Tax ID Number would be.)
The truth, as always, is more complicated than that.
Not so much your 4th Amendment rights, as 42 USC 1306(a)(1), which makes it a crime for anyone to divulge any information given by someone else to the Social Security Administration.
I don’t know if any Federal courts have ruled on whether the 4th Amendment alone makes your SSN private or not.
The truth, as always, is more complicated than that.
Quite a lot of the answers here are UL regarding SSN’s (not including the legwork tracer has done (are you REALLY that desperate to avoid doing the taxes this year? <lol>)).
How would the 4th Amendment be involved in divulging SSN’s??
Well, it would have been rather neighborly to have set us straight on our misconceptions, rather than keeping them secret and just saying “UL,” wouldn’t it?
It seems to me that that doesn’t really change anything. If the companies accept a driver’s license from you, then they’ll be just all willing to accept your driver’s license number from someone else as they would to receive your SSN from somebody else. And if you’re giving out your driver’s license number to everyone, then your driver’s license number is just as insecure as most people’s SSN.
