How do USA nationals pay taxes on illegal income without self incriminating themselves? I am not an American but this has always baffled me. From what I understand, American government is not allowed to compel someone to self incriminate themselves. However, IRS wants people to report their income even if it is illegally obtained. So to me it sounds like the government is forcing citizens to self incriminate themselves by showing &quot;or else&quot; stick dangling over their heads. Always wondered how this conundrum is handled within the legal framework.
You would report illegal income via Schedule 1, line 8. At the bottom, after naming many specific legal sources of income there is a line 8z &quot;Other income. List type and amount&quot; with very little space. The instructions refer you to Miscellaneous Income in Pub 525. They do list &quot;Stolen Property&quot; as a category, saying If you steal property, you must report its FMV in your income in the year you steal it unless in the same year, you return it to its rightful owner. However, there is no requirement to report the illegal nature of your income, and it is not difficult to describe such income in non-incriminating terms, such as &quot;miscellaneous income&quot;. If they are not satisfied, you may inform them of your 5th amendment right to not incriminate yourself. Invoking your right to silence does not constitute probable cause for a search warrant.
You don’t need to hire an attorney If you like, you can represent yourself. Just like you can build your own house, repair your own car or amputate your own limb. You only need to be a lawyer if you are representing someone else. However, there is a saying that goes: A person representing themselves has a fool for a client. Your lawyer is a professional, you aren’t. They know what to do when the other side says “Objection, facts not in evidence” or how to correctly fill out, file and serve a pleading; do you?
There are several reasons people wish to get a marriage annulled. I'll try to list them in order of frequency -- though I'm unaware of any statistics that confirm that my ordering is correct. Money. As per Nij's comment, when people are divorced, their property is subdivided 50-50. If one person can get away with an annulment, and keep the property which he earned, then it will be in his interests to do so. Religious reasons. As per SJuan76's comments, several churches, including Catholic, Mormon, and Russian Baptist, do not allow a person to marry if his previous spouse is still alive. An annulment is a way around that. Fraud marriages. This is rare, but under Trump it happens more often then you might think. People (usually women) come to the US illegally, marry someone (generally significantly older), and after the wedding day they are never again seen by their spouse. They use their marriage certificate to ensure permission to stay in the US -- but, they were never interested in marrying that person in the first place. When found, often such people are living with another illegal alien "as a boyfriend", with kids born before the fraud marriage even took place. It is in such cases, that their new spouse often tries to attain an annulment of the marriage -- to make sure that the illegal alien doesn't get rewarded for cheating them. Personal reasons. For some people, having never been married means it's easier to get a spouse who also has never been married -- and being able to check the "Single -- Never married" box on a form is always a plus in such cases. Now, don't ask me why people prefer to marry someone who's never been married, over someone who's been divorced. :) Incest. Under the US law, if you marry someone who's your close relative, then you are guilty of a felony -- even if you didn't know they're your close relative at the time of marriage. However, if you annul the marriage, then you can avoid prosecution.
Being outside of IR35 means one is considered a (self-employed) contractor, not an employee, and as such will not have income tax and national insurance contributions deducted under PAYE. HMRC require the NINO and Ltd Co details to cross-reference the payments declared in the public sector's accounts with the Ltd Co's accounts to ensure (a) they match, (b) the correct tax and NIC is paid by the relevant entities, and (c) to confirm the identity and/or status in the Ltd Co of the recipient of the payments.
They aren't "imposing tax laws at the state level", and the states are still perfectly free to award whatever credits they like. There's a more complete explanation here. Before 2017, if you paid, say, $30,000 in state taxes, you could take a $30,000 deduction from your federal taxable income, thus reducing your federal income taxes by some fraction of $30,000 (depending on your tax bracket). The 2017 tax bill placed a $10,000 limit on this deduction. Some states responded by creating a provision where you could donate $30,000 to the state and receive a $30,000 credit against your state taxes owed - so you end up paying the same amount to the state, but now you characterize it as a charitable donation, which is still deductible from your federal taxable income. The new IRS regulation says that such a "donation" will no longer be deductible from your federal taxable income; that's all. Your state can still issue you a tax credit for such a donation if they want - the federal government has no control over that - but any such credit will reduce the amount you are allowed to deduct on your federal return, making the whole exercise pointless. The federal government certainly has the power to determine how you should compute your income for the purposes of your federal income taxes, including what you may or may not deduct. That's the power they're using here.
You have not committed a crime or a violation of non-criminal law when you swear something under oath believing in good faith that what you are saying is true, and you are mistaken. The law does not expect omniscience. Also, making a false statement under oath is only sanctionable if you make a false statement of a &quot;material fact.&quot; Whether or not you have a Social Security number is not a &quot;material fact&quot; in the context of a passport application where the material facts are that you are the same person as the person described in your birth certificate, that the parents there are to the best of your knowledge your parents, that the birth certificate is authentic, and that you have not renounced U.S. citizenship. The question about a Social Security number is there for administrative convenience, not to make any determination about your right to a passport. You should apply for a Social Security number. If you already have one, your actions consistent with not having one will only corroborate the fact that you were ignorant of that fact when you applied for a passport, and you will have your existing Social Security number provided to you. As a practical matter it is unlikely that you have one. There are no forms that your non-U.S. parents would have to be filled out that would have required one, and you know that you haven't applied for one in the past. Before Social Security numbers of dependents were required on U.S. tax forms, most people didn't get Social Security numbers until they got their first job.
The Constitutional proviso of Article I, Section 9, Clause 3 states that &quot;No Bill of Attainder or ex post facto Law shall be passed&quot;. This does not preclude a legal finding against the interest of an individual (e.g. a law can be passed whereby a person is punished for committing a certain act). It is important to understand that this clause means that Congress cannot pass a law declaring an individual to be guilty – this limits the legislative branch, not the executive or judicial branches. Congress can pass a general law and then the executive and judicial branches can enforce that law against an individual. Sanctions against an individual are routinely imposed by the executive branch (the IRS can fine you, Securities Exchange Commission can fine you, HUD can fine you, Homeland Security can sanction you in various ways...). Actions against an individual always start with the executive branch. You can contest an executive action on various grounds, such as &quot;exceeds authority&quot; or &quot;unconstitutionality of underlying law&quot;, which then brings in the judicial branch. A &quot;bill of attainder&quot; would be a law passed by Congress that declares Katerina and Maria Vladimirovna to be guilty, end of story, and no such law was enacted.
This is controlled by 8 U.S.C. § 1401 which details who qualifies for "birthright citizenship". Including of course the condition mandated by the 14th ammendment, Congress is otherwise free to bestow such citizenship essentially as it pleases by duly enacted legislation. One of the cases that receives birthright citizenship is a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States. So the presumption for young children found in the US is that they are citizens by birth. The law in particular requires positive proof that the individual in question was definitely not born in the United States. Lacking this, or it failing to be found prior to reaching the age of 21 years, they are citizens. For other cases, this will likely end up falling to the courts, who will decide the matter on the preponderance of the evidence. In this case it becomes the burden of the individual claiming citizenship to establish that they are a citizen*. Birth certificates can be filed after birth, and can be submitted as evidence. The laws controlling the validity of birth certificates is locally determined. If there are other birth certificates from other countries, or conflicting witness testimony, then it will fall to the court to decide which case is more likely based on the evidence available. *More accurately the burden generally falls on the entity making the claim about someone's citizenship (their own or someone else's). In a deportation hearing, for example, it falls to the government to establish the individual is not a US citizen. Deporation only applies to aliens, so the defendant must be established as such.