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Sue the bank if they refuse, and receive at least $1,000 plus attorney's fees Congress passed the Privacy Act in 1974 to increase the privacy of individuals. The social security number is routinely used to track individuals and their activities. Any financial transactions involving a bank account identified by your social security number can be easily tracked as being your transactions. The contents of the account can be easily linked to you. The great benefit of operating a bank account without a social security number or taxpayer identification number, is that it is much more difficult to link with you, the contents of the account and transactions going through the account. It is much more difficult for anyone wanting to seize or freeze your assets to find your bank account. You can also use the Constructive Notice or Affidavit to receive other services without providing a social security number. There are only four instances where a social security number may be demanded: 1. For tax matters; 2. To receive public assistance; 3. To obtain and use a driver's license; 4. To register a motor vehicle. Always keep in mind that you are opening a non-interest bearing checking account - not a W-8 bank account. If you do not earn interest on your account there is no 1099 reporting required by the bank. You will have greater success if you select smaller "state chartered" banks. These banks are hungry for your business and you will be subjected to less questioning and hassles. Be prepared before attempting to open your non-interest bearing checking account. There have been few incidents where a bank has refused to open a non-interest bearing account using the following procedure. You may not need them, but have the following items in your possession before walking into the bank: 1. A completed substitute W-9 statement, or a regular form W-9, modified (corrected) to reflect your status. The W-9 form is a request for your Taxpayer Identification Number (TIN). It provides a number to the requester so that they have authority to withhold portions of income paid to you. A TIN is only required if you engaged in, and earn income from a Trade or Business within the Federal United States (Washington D.C., Puerto Rico, U.S. Virgin Islands, etc.). Again, since your account is non-interest bearing, this form is not required as the bank will be paying you nothing to report. Also note that if you are EXEMPT from backup withholding, the instructions tell you to give the requester a Form W-8, Certificate of Foreign Status. Use the attached example, or substitute statement. 2. A completed substitute W-8 statement, or a regular, modified form W-8, corrected to reflect your status. The W-8 form is a Certificate of Foreign Status. The actual W-8 form is designed to entrap you so be careful when using it. Notice the difference on the name and address information requested on the form. It asks for one of two types of address information Permanent Address and Current Mailing Address. Use the attached example, or substitute statement. 3. Identification. Good forms of ID are a U.S.A. Passport, birth certificate, notarized state Citizen ID card, copy of telephone or utility bill, baptismal, employee ID, student ID or any other form of identification you may have that is not issued by the State. You do not want to present any identification in which you used a social security number to obtain it. If you use a U.S.A.
fill out both copies of the Constructive Notice. You want your imprint not in all capital letters. If and when you sue. all of the banks who refused will be named in your cause for action. You may want to remind them that a non-interest bearing account has no reporting requirements attached to it. If the bank representative absolutely refuses to open the account. Section 7(b). 7. 11. Order your checks from a private. 8. Indicate that you want to open a non-interest bearing account. This information should match exactly the information contained on your W-8 or W-8 substitute. indicate that you do not have or use a social security number or taxpayer identification number as they don't apply to you as a foreign status person not engaged in a trade or business within the United States. give them a copy of the attached Affidavit to complete and have the representative consult their supervisor or legal department. Thank you for helping to preserve our God given liberties. Do not ask for a W-8 account. If asked for a Social Security number. Only if they ask. then find a lawyer to sue the bank representative personally. Cross out the information in the United States section (or cover with a mailing label). Don't accept their checks. 9. If the bank representative refuses your application or demands a TIN or SSN. Go to a (preferably state charted) bank where you are not known. CONSTRUCTIVE NOTICE . Remind them that according to the Privacy Act.passport. It is impossible for the bank to issue checks containing your correct imprint and mailing location. 4. and enter it into the foreign address section. Be sure to cross out the word address and replace it with the word "Location". it is illegal to demand either TIN or SSN except under the provisions of Privacy Act of 1974. signed by both you and your witness. In your passport you have the option of entering your name and address in one of two places United States Address or Foreign Address. as well as the bank. When the bank opens your account they will want to issue your initial supply of checks. 10. If the bank representative still refuses to open the account. third party company who will imprint your checks as you want them. pay careful attention to the address information you may have inadvertently entered. 6. with the words "without prejudice" following your name. give them a completed W-8 form or substitute. Resistance to tyranny is obedience to God. Hand one of the copies to the bank representative. 5. Take a witness with you and two (2) copies of the Constructive Notice. and state Citizen ID. Repeat this process with several banks if necessary. and with c/o before your address and your state spelled out.
. whereby one party delegates the transaction of some lawful business with a more or less discretionary power to another. may be liable for damages and attorney's fees. 515 F. Public Service Commission. by what statutory or other authority such number is solicited. It shall be unlawful for any Federal. Cities Service Gas v.. or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary.A." Section 7 of the Privacy Act of 1974. State or local government agency to deny to any individual any right. codified at 42 U. 405(c)(2)(i.. by so doing. To register a motor vehicle. State. Wilson. 1343.W." [Doyle v. or privilege provided by law because of such individual's refusal to disclose his social security account number.S. Congress sought to curtail the expanding use of social security numbers by federal and local agencies.] "In enacting Section 7 (Privacy Act of 1974). 529 F. to eliminate the threat to individual privacy and confidentiality of information posed by common numerical identifiers. and. You are advised that a non-interest bearing account does not pertain to any of the above. whenever an agency fails to comply with the law. specifically [(a)(1)] provides that "It shall be unlawful for any Federal. 2d 890.] The 1976 amendment to the Social Security Act." [State Ex Real.. the party wronged may bring a civil action in the court of the United States against such agency. Supp." Section (b) goes on to state that "Any Federal. 942.. 4. 85 S.iii). v.C. and the Institution you represent. L. benefit. Because the account pays no interest. Supp. . You may maintain in your records only such information about an individual as is relevant and necessary to accomplish a purpose required by statute or by executive order of the President of the United States. you are being informed the following: "The right to privacy is a personal and fundamental right protected by the Constitution of the United States. also known as the "Privacy Act of 1974". To receive public assistance. 93-579." "Right of privacy is a personal right designed to protect persons from unwanted disclosure of personal information. there is no "need to know" on the part of the government. In accordance with the Privacy Act of 1974. states that there are only four instances where a social security number may be demanded: 1. 2. Local 743. To obtain and use a driver's license. 3.] "An agency is a relation created by express or implied contract or by law. benefit or privilege provided by law because of such individual's refusal to disclose his social security number. or b) Provide your services to a client or potential client because the client or potential client does not provide a social security number or a taxpayer identification number. and what uses will be made of it.To: _________________________________ (Person being served) __________________________________________________________________ (Name address of institution) Of: and You are being made aware by this Constructive Notice that it is a violation of Federal Law to refuse to: a) Open a non-interest bearing bank account if the party wanting to open the account does not provide a social security number or taxpayer identification number. Sec 301 et seq. as enacted by the Congress of the United States.. State or local government agency to deny any individual any right. In accordance with Section 1 Pub. You personally." [CNA Financial Corp. For tax matters.
and evidence of the applicable law: . or privilege provided by law because of such individual's refusal to disclose his social security account number.. uses or compels the disclosure of the social security number of any person in violation of the laws of the United States shall be guilty of a felony. Failure of _________________________________ to provide the SSN requested will result in the forfeiture of the following service." Section (b) goes on to state that "Any Federal. which grants me more authority than "the right to ask". privilege. Further. The authority presented in this affidavit that allows me to demand an individual(s) social security number(s) is true and correct to the best of my knowledge. (8) discloses. the agency shall be liable to the wronged party in an amount equal to the sum of: Actual damages sustained. 408 (8)] states "Whoever. State.. agent for _________________________________." The United State Code [42 U.. but in no case less than $1. I proceed with my demand under the authority stated above. and what uses will be made of it. I understand that my authority may only grant me the right to ask for an individual(s) social security number. benefit." I.00. by what statutory or other authority such number is solicited.C. _________________________________. representing _________________________________ Witness: _________________________________ Date: ________ AFFIDAVIT I.000. Knowing this. Signed: _________________________________ Date: _______________ Witnessed: _________________________________ Date: _______________ In consideration of the above signatures. _________________________________. This Constructive Notice issued by: _________________________________. and the costs of the action together with reasonable attorney's fees.S. State or local government agency to deny to any individual any right. or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary. specifically [(a)(1)] provides that "It shall be unlawful for any Federal.. as enacted by the Congress of the United States. Memorandum of Law: Section 7 of the Privacy Act of 1974.Should the court determine that the agency acted in a manner which was intentional or willful. am demanding that _________________________________ provide me with his or her social security number under the following law or statute that grants me authority: __________________________________________________________________. have read and understand the reference to the applicable law (above) on this matter. right or benefit: __________________________________________________________________.
without prejudice. Signature: without prejudice. postal code and country: Eugene. under extreme duress. taxpayer identification number: n/a [ or leave blank ] Permanent address: [cross out address and print location] c/o POBox 111 City. state.S. with explicit reservation of all rights. Oregon. Oregon Republic Social security number: 000000000 Employer identification number: 000000000 If you are not engaged in a trade or business in the United States AND you are EXEMPT from backup withholding AND you are not required to have any of these numbers.C. America Account number: n/a Account type: n/a Under penalties of perjury of the Laws of the United States of America I certify that: [check all three boxes. 1746(1). without prejudice.C. enter all Zeros.I. and with explicit reservation of all rights.S. John Henry Doe . Amend the third one (broker transactions) as follows: I am an exempt foreign person with respect to the United States as defined in U. _________________________________. provide my social security number to the requester under the authority presented. John Henry Doe Filling out the W-9: Name: John Henry Doe Please check appropriate box: check Other and print private sector employee Address: [cross out address and print location] c/o POBox 111 City.S. Signed: _________________________________ Date: _______________ Filling out the W-8: Name of owner: John Henry Doe U. For Payees Exempt From Backup Withholding: EXEMPT [Provide also a W8 ] Under penalties of perjury of the Laws of the United States of America I certify that: 1. Signature: signed pursuant to U. 26 7701(a)(9).. state and ZIP code: Eugene.. The number shown on this form is my correct taxpayer identification number if any .
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