Is an SSN required to work?

[aries]

Is an SSN required to work in the US? Or rather am I required to provide it and/or pay in?
And is there any way to cancel one once you have one?

I'm sick as hell of paying 7% of my income into a fund knowing that I'll never see it again and I want out. I'm going to be working at college this fall and they say that a passport is a valid document proving eligibility to work. Well I have an expired passport so do I need to provide an SSN? It also says right on the I-9 form this:

Anti-Discrimination Notice. It is illegal to discriminate against any individual (other than an alien not authorized to work in the U.S.) in
hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to
discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The
refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.

I heard somewhere that if you had one, you HAD to provide it, if not you were not legally obliged to. Well I never applied for one, one was assigned to me without my consent or knowledge, so as far as I care I'm not lying if I say I never got an SSN or that I still don't have one. My parents do have one in my name.

So...?

Thanks

[Thespis]

You do not have to show a SS card as ID on the I-9. But, you will have to (especially if you're trying to work for a university) give them a SSN on your I-9, as well as on your W-4, which is the tax form. There is no way you will be hired at a university without a SSN. The discrimination part you quoted just means that the employer can't refuse to hire something based on what country they are from, and the document statement means that the employer can't specify which forms of ID the employee shows. But, the government does specify what types of ID are required. The I-9 only shows you are authorized to work in the U.S. it has nothing to do with payroll. The W-4 is the payroll form.

The only way you'll be able to work without giving your SSN is if you start your own business without reporting to the government, or if you work for an employer that doesn't withhold. You aren't going to find many (if any) large companies that won't withhold. And, forget about working for a university without giving your SSN.

[Roycerson]

IRS Form SSA-521 Request for Withdrawal of Application

I just filled it out a few hours ago but I haven't filled out the reason part yet. 

I'm thinking something along the lines of:

I never filed for a SSN.  My parents did when I was twelve years old.  They chose not to when I was born.  When my younger brother was born they applied for mine because they were told they had to by law.  As all laws are ultimately enforced by threat of imprisonment the original application for a SSN in my name was filed under duress by an applicant in fear of physical reprisal thus making any signature appearing on the application invalid.


Suggestions on wording and/or content are welcome.  Of course I don't expect them to grant the request but I'm going to send it anyway. 

[Thespis]

That form is to withdraw your application for SS benefits. It doesn't cancel your number. Once you have a SSN, you're stuck with it.

[aries]

According to Wikipedia:

Groups not covered by Social Security
...
Most college students working at their school.

[aries]

I thought I read somewhere that US Citizens were not required by any law or IRS regulation to pay social security tax... maybe I'm wrong.

[Roycerson]

That form is to withdraw your application for SS benefits. It doesn't cancel your number. Once you have a SSN, you're stuck with it.

I'm under no illusion that they'll let me go that easy.  I just figured I'd take the oppurtunity to put it on record that I don't consent to it.  I'm curious what they'll send back or if they'll just have a laugh and put it in the circular file.

[Thespis]

According to Wikipedia:

Groups not covered by Social Security
...
Most college students working at their school.

I worked for my university, and I'm pretty sure that I had to give them my SSN, but your post does remind me (it's been six years) that they didn't withhold for SS. You should just call the school and ask.

[Evil Twin]

There is a thread over on the claire files about this subject.  Some semi useful information.  From the looks of it, it is possible to work without a SS#.  Other forms can be used to fill out the I-9.  I spent some time on the phone with an IRS lady talking with her about this and she gave me references to publications and I came away with this impression:  Someone who has proven they are eligible to work can be hired without giving a SS#.  All the employer is required to do is ask for the SS#.  It never says they are required to get it, just that they are required to ask.  If the potential employee refuses, they can either hire them or refuse to hire them.  If they are hired, when it comes time to file forms with IRS & SSA, if there is no SS# then there could be penalties assessed on the employer UNLESS:

III REASONABLE CAUSE
The penalty for filing information returns with missing TINs or incorrect name/TIN combinations may
be waived if you show that the failure was due to reasonable cause and not to willful neglect. To get a
waiver, you must be able to demonstrate that you acted in a responsible manner both before and after the
failure occurred and establish that:

? there were significant mitigating factors (for example, you have an established history of filing
information returns with correct TINs), or
? the failure was due to events beyond your control (for example, a payee did not provide you with
a correct name/TIN in response to your request for it).

Acting in a responsible manner means you must make an initial solicitation (request) for the payee?s
name and TIN (and if required, an annual solicitation). When you receive this information, you must use
it on any future information returns you file.

more information here as well as some links:
https://erte.hmdnsgroup.com/~tcftalk/clairefiles/index.php?topic=10208.0

[Gabo]

I thought I read somewhere that US Citizens were not required by any law or IRS regulation to pay social security tax... maybe I'm wrong.

You have it the opposite.
It is only US citizens that are required to pay SS.

If, however, you are not a US citizen then you aren't liable for SS or the income tax.

[tracysaboe]

Short answer NO.

But there aren't any businesses that actually know that. And even if they did, they're too afraid of all the regulatory red tape and snooping that would start if they did.  And they also know that government doesn't really care about the law, and they care too much about they're business to fight the illegal system to hire somebody who'se not willing to use his SSN number.

Tracy

[Dreepa]

There is some form that you have to fill out to prove you are legal.  I can't think of the number of the form. But it does ask for your SSN.

[Pat McCotter]

There is some form that you have to fill out to prove you are legal.  I can't think of the number of the form. But it does ask for your SSN.

Form I-9 (Fillable PDF)

[Evil Twin]

Take a look at the acceptable forms of identity you can use for fill out the I-9.  A voter registration card and a birth certificate are just as good as a drivers license and a SS card, and if you look at the instructions, the employer can not specify which documents they will accept.  They have to take any of the ones listed.

As far as business that know you can actually be hired without a SS#, there are some out there...   

[PowerPenguin]

Ares: Short answer from my world: No SSN required and you get to decide to pay/not pay your own taxes if you set up your own business and private financial accounts via a reliable "nominee". See the various options at http://keepyourassets.net/?andrew. They have some of the best privacy packages out there. If you (or anyone else for that matter) like the options available, e-mail or PM me and I can call you with more details when convenient. I'd put it here, but I won't for privacy and spam reasons.

With an "invisible" LLC and private financial accounts, you can work without such invasive ID requirements in three potential ways:

1. Ask your current (or more effectively new) employer to stop witholdings, passing around your info, etc. This may or may not work, but it is potentially more effective the more valuable you are to the company. In other words, if you've been there a while, give it a try but if you're a temp, forget it.

2. Go into business for yourself. Working from home can take a bit of work, but can make life private and more flexible over time. The more you do it, the easier it gets. A good book by JJ Luna on this topic can be found at http://www.howtobeinvisible.com/, and the Affiliate program at KeepYourAssets.net can be an option as well.

3. Have your current boss "fire" you, then rehire you as a consultant via your invisible LLC. Since all transactions will be "with the LLC" and not you personally, your personal information can be removed from employee tax records, etc. If you're planning on moving on to greener pastures/starting your first major job anyway, having this in place from the get-go is a good way to keep the slate blank from day one.

Another good tip: If/when you actually do have to show ID for something (always ask first, especially if it's a private company), use your US Passport. It doesn't show your address or carry any other hidden info as the magnetic strips on many state ID/driver's license cards do. In addition, I'd get one ASAP if you're planning on leaving the country in the next few years, before State starts putting their RFID and/or biometrics BS in them.