It is YOU who are wrong, my friend.

Each employee should complete a form W-4 to let the employer know how much taxes to withhold. The W-4 allows the employee to reduce the amount withhold from each paycheck by claiming legitimate dependents. The W-4 form requires the employee to show his SSN. Now some may correctly assert that the employee does not have to file a W-4 form. However, refusing to give this information can only harm the employee.

According to the IRS (Publication 17 2007, page 37):

“You do not have to file a W-4 to work in the United States. However, every employer is required by law to withhold a proper amount of taxes from your wages. If you do not give your employer a completed W-4 , your employer must withhold at the highest rate, as if you were single and claimed no withholding allowances.”

There is no benefit, therefore, in not filing a W-4 with your employer, which includes your SSN. Filing a W-4 allows you to keep a greater portion of each pay check rather than wait until the end of the year for a tax refund to get your money back. Ooooops, another problem: if you don’t give the IRS your social security number, there is no way for you to file for a refund of any money your employer withheld. Bummer! Further, the wages you earned will not be credited to your Social Security benefits account. Making you ineligible for benefits even though social security taxes were withheld) Big bummer!

In the plainest words I can think of: if you refuse to provide your employer with a W-4 you will pay one hell of a lot more in taxes than those who provide this information, and when your friends start getting their Social Security checks, you will not be eligible for the same benefits. But, it’s your choice.

But, even if there is no specific law saying that YOU must submit your social security number to your employer, there is a law that says your employer must submit your social security to the IRS or face penalties. So unless your employer wants to get in BIG trouble with the IRS (and the Social Security Administration), he will not hire you if you refuse to give your SSN.

Here’s what the IRS tells employers:

[link to www.irs.gov]

"You must verify that each new employee is legally eligible to work in the United States. Have the employees you hire fill out Form I-9, Employment Eligibility Verification.

You are required to get each employee's name and Social Security Number (SSN) and to enter them on Form W-2. (This requirement also applies to resident and nonresident alien employees.) You should ask your employee to show you his or her social security card. The employee may show the card if it is available. You may, but are not required to, photocopy the social security card if the employee provides it. Record each new employee's name and social security number from his or her social security card. Any employee without a social security card should apply for one using Form SS-5, Application for Social Security Card (PDF). The Social Security Administration (SSA) offers social security number (SSN) verification and quick access to relevant forms and publications.

Do not accept an ITIN in place of an SSN for employee identification or for work. An ITIN is only available to resident and nonresident aliens who are not eligible for U.S. employment and need identification for other tax purposes. You can identify an ITIN because it is a 9-digit number, beginning with the number "9" and is formatted like an SSN (NNN-NN-NNN).

Note: An individual with an ITIN who later becomes eligible to work in the United States must obtain an SSN" (highlight my own).

AND

[link to www.irs.gov]

On page 9 of this link, you will find that employers are required to get each employee’s name and SSN and to enter this information on the employees’ W-2 forms. Employers are told that failure to provide such information will subject them to penalties.

And here’s what the law says:

[link to uscode.house.gov]


26 U.S.C. 6051. Receipts for employees
-STATUTE-
(a) Requirement

Every person required to deduct and withhold from an employee a
tax under section 3101 or 3402.…….. shall furnish to each such employee a written statement showing the following:

(1) the name of such person,
(2) the name of the employee ( and his social security account number if wages as defined in section 3121(a) [ have been paid), (3) the total amount of wages as defined in section 3401(a),
(4) the total amount deducted and withheld as tax under section
3402,
(5) the total amount of wages as defined in section 3121(a),
6) the total amount deducted and withheld as tax under section
3101,............"

Note: The written record the law speaks of is the information you get on your W-2 form. Of course a copy of the W-2 goes to the SSA who later electronically transmits this information to the IRS.

You may also want to check out the following links:

[link to www.msnbc.msn.com]

"There are certain times when Social Security numbers must be used. This is not a complete list, but here are some of the major situations when they are required:

Most financial transactions
Employment records
Tax returns (federal and state)
Medicare benefits
Contact with the Social Security Administration
Applications for a hunting, fishing or other recreational license" (highlights my own).

[link to www.isomedia.com]

"Employers are required by the IRS to get the SSNs of people they hire. They often ask for it during the interview process, but there are good reasons to refuse if you can afford to argue with the potential employer. Some of them use the SSN to check credit records, to look for criminal history, and otherwise to delve into your past in areas you might object to. Tell them you'll give them your SSN when you accept their offer. They have no legitimate use for it before then."

[link to www.illinoisattorneygeneral.gov]

"Generally, your SSN is required on records of transactions in which the Internal Revenue Serviceis interested. This includes most banking, stock market, property, and other financial transactions [and employment]" (inseertion my own).

[link to www.twc.state.tx.us]

"You [employers] must get each employee's name and SSN because you must enter them on Form W-2. (This requirement also applies to resident and non-resident alien employees.) You may ask your employee to show you his or her social security card. The employee is required to show the card if they have it available. If you do not provide the correct employee name and SSN on Form W-2, you may owe a penalty" (insertion my own).


Now, don’t embarrass yourself by telling me to go to the end of the line!!!!

PS, my question for you: have you ever gotten a job without giving your employer your SSN??? The answer is no, hell no.