How to set up a Living Trust and file 1041’s [my additional comments in brackets][hope I got it right]
Record a rescission: of signature on all past IRS forms (1040's, W2's, W4's, Form 56).
You can record it at LaMar county, Georgia and get certified copies back.
County record is public so just use the last 4 numbers of your SS number if at all.
Record a 2848: To take back trusteeship of your ALL CAPS account. [do I use my SS # or only the last 4 #'s. I've read that
county recorders will not record anything with one's SS # on it.]
Send to IRS: 4506 T’s for 1099’s & W2’s [or get the SSA form 7050]
Certified copy of recorded rescission of signature on all past IRS forms.
Form 2848 (Power of Attorney and Declaration of Representative).
W-8CE (Expatriation and Waiver of Treaty Benefits).
SS4 (see below)
Send to SSA: Get the SSA 7050 Form and reconstruct the 1041 based on what the SSA said was earned for those
years on that annual form they send to everyone telling what you paid and what the employer paid.
SSA-521(Request for Withdrawal of Application.) [It does not make sense to me to send this. If we are
canceling the SS# then how can we put it in a trust or make yourself Trustee over a canceled account?]
Set up Trust; SS4 (Application for EIN) Fill in the number “98-“ so that there is no misunderstanding as
to what type of EIN you are creating.
Create a simple nonwithholding foreign grantor trust with the IRS foreign operations division in Philadelphia.
Take back trusteeship of your ALL CAPS account by making yourself Trustee.
Put your SSN and all CAPS name in a nonwithholding foreign grantor trust.
If you want a true foreign trust, do not use a SSN when setting it up.
Name your trust with numbers and/or letters. It is said not to use your name but I’m not sure of this.
File 1041's: The Fiduciary/Trustee can charge whatever he wants for fees, which means up to the entire amount of the
income of the trust
They know we don't owe a tax and that the debt instruments paid to us throughout the year [Federal Reserve
Notes] are obligations of United States, Inc. It is a simple means to recoup those funds.
Line 24e of the 1041 asks if any of the Federal tax withheld was from a Form 1099.
(Since the mortgage transaction at the closing table was, in fact, an exchange or barter, I believe the 1099 B is
the form we use to recoup the promissory note funds for the mortgage. I don't know if that is correct;
however, it appears to me that may be the case. Also, as an afterthought, if anyone had a home foreclosed
upon, they might call up the court and get the cusip number for the court case and do a 1099-A or a 1099-B for
that case. You can then put that amount on 24e and reclaim the sum back and buy a new home. They ARE
withholding a tax, so I don't believe this process would be in error.)
(I went back to the age of 15 when I filed the 1041's and 1041-T's [which must be filed together], but
the trust can only be "funded" back 25 years, I don't know if they will reimburse me for all those years.
Only time will tell. Also, I purchased two homes during those years, and I'm going to seek recoupment of all
the funds at the maturity dates of the transaction. I don't know if I will get reimbursement for those sums, but
then, again, time will tell. [the original amount of the mortgage's promissory note is certainly a withheld tax
because you never received it at closing even though your promissory note says “for a loan I have received.”
The “maturity date amount” after 30 years of payment is what the bank receives and I don't think we could
claim that as a tax withheld. One can certainly also collect back all one's payments because accrual method of
accounting means you owe the bank and the bank owes you.]
Use the SSA annual statement that they send out every year. They provide the amounts you earned for any
given year, the total you paid in (not broken down by year), and what your employer paid on your behalf.
Figure out the FICA (.062) and the MEDICAID (.0145), then multiply that amount by 2 [to match the
employer's contribution] to get the total tax withheld [shouldn’t employer get that back?]
You would also add any IRS tax they withheld as well.
The April 15 filing date does not apply to 1041's. You don't have to rush to get them done. Keep in mind that I
never invested, so the schedules did not apply to me. If that is the case for you, as well, just do page one of
the 1041 and forget page two, which has the schedules on it. You also MUST file the 1041-T, which is the
equivalent of a 1040-V, which tells them to whom the funds are to be paid.
The 1099-A actually IS the payment. So, I believe, anyone with an outstanding mortgage can pay off the
existing loan with the 1099-A. From what I can see, you could then recoup the original promissory note
amount, and any and all payments made to date on the pooling and servicing agreement (Deed of Trust),
which is what the 1099-A is actually paying.
You would use the 1099-B for the original promissory note amount.
The 1099-A also might be the preferred form of 1099 for a foreclosure that went through a courtroom (bank).
Still, put that on line 24e as Federal tax withheld. Make sure you get the EIN that the court is operating under,
and the CUSIP number, if possible, and charge it back to them or the opposing attorney law firm.
Fill in the new trust number as the "payer's identification number." Then, AFTER the form has been filled out,
in the spot at the bottom where it asks for account numbers, fill in the SSN / red number on back of SS card.
DO NOT PUT THOSE ON ANY CARBON COPIES OF THE 1099 SERIES YOU ARE WORKING ON, AS
THAT RED NUMBER IS YOUR ACCOUNT NUMBER THAT THEY ARE WORKING FROM. Make sure
you keep that private so they can't access that account. Put that ONLY on the original red copy of the 1099
forms. You fill in that red number from the back of the SS card on the 1096 form as well, in the boxed
sections that says "for official use only."
I got a quote on a new Prius, and I'm going to "pay" for it with a 1099-A in the trust's name. Obviously, I don't
know how much flack they will give me or if the transaction will be successful, but I'm going to find out. I'll
be doing and mailing the forms today. I'm also thinking that this may be "the" method to purchase a new
home without a commercial banking institution. Only time will tell if my observations are correct.
Refile the correct form, which is a 1041 and 1041-T form [for a Living Trust] for each year you previously
filed, you claim back all the taxes they took out, including IRS, FICA and MEDICAID, plus recoup the
balance as trustee fees, you claim back the entire amount that's on the W-2.
The 1041 also allows recoupment of the mortgage exchange, so you can get that amount back as well.
You're making everything so difficult when, in fact, it's as simple as A, B, C [1099 SERIES, 1099 A, 1099 B,
1099 C]. Trusts don't pay taxes, and the IRS knows we are not liable for "income" taxes.
On line 11 of the 1041 form, you fill in all the IRS, FICA and MEDICAID taxes they've removed for the
particular year and claim that back. Then, on line 12, fiduciary fees, you place the difference between what
was removed in taxes and the gross amount you received. The Fiduciary/Trustee [you, in a Living Trust] has
the right to be paid for the service. You then claim that back as well, which should total the gross amount
earned during the year.
You can "fund" a trust as far back as 25 years, and they will ask you to file the 1041's for all those years;
however, I would NOT refile in a 1041 form until you have rescinded your signature on all previously filed
1040 forms, for mistake and error [Never say or use error. Errors must be paid for. Mistakes can be corrected].
Even though they requested a 1041 return be filed for the last 25 years, I actually went back all the way to the
year I first began working, and reconstructed the 1041 based on what the SSA said I earned for those years on
that annual form they send to everyone telling what you paid and what the employer paid.
Also, line 24e asks if any of the tax withheld was from a 1099. You can do a search back as far as 10 years for
any 1099's filed against the strawman's number on a form 4506-T. You can then claim back the amount of the
tax withheld on the 1099 on that line. You can do individual searches for a 1099-A or 1099-OID or any other
type. This means you can claim back what was withheld from you by the mortgage company for the
promissory note they claimed you abandoned. [or car loans or credit cards and probably utility bills.]
You can also use the form 4506-T to find out what W-2 forms were filed against the account [the social
security account with a name like yours but in all caps], as well, which will enumerate the IRS, FICA and
MEDICAID taxes withheld.
Refile on a 1041 back to the time you started working to reclaim all the taxes they took out plus the difference
between the taxes taken and the amount they paid you in debt instruments as fiduciary fees.
I just got off the phone with the IRS in Ogden and they do not accept the Form 56 but will honor the 2848.
WethePeople_Shareholders March 1, 2011 From: Janet
I'm trying to get a handle on how to purchase items using our trust accounts and the 1099-C process. [my additional
comments in brackets. The banks and mortgage companies take our promissory notes to the Treasury to get the funds to pay
the seller then they want us to “pay them back” for accessing our own credit. We are the creditors, they are the debtors but
its taught to us backwards. Which is brainwashing and we ought to be able to bring them up on charges of non-disclosure,
except that its all “explained” in their codes, but its written in “Legalese” which translates as gibberish. Yet we are still
expected to know how to handle commercial paper because we all carry FRN's (Federal Reserve Notes).]
Since the instructions state the 1099-A is included in the C, I'm only going to order and concern myself with that form and
the 1096 for future processes. That will cut down a lot of paperwork, at least for me.
According to instructions, we include a 1041-T to transfer the assets from our trust account to the STRAWMAN when filing
the 1041, which is a reasonable deduction; however, after looking at and thinking about that form, and trying to come up
with some viable method to purchase items without using the Federal Reserve banking system, other than our own trust
accounts and the IRS, I was wondering if we might not find some success if we conveyed property to an entity via that
1041-T form, if, in fact, that is what is paying the beneficiary out of our trust account. What I believe that we might include
is to put the entity in the beneficiary spot, along with their EIN where appropriate, the purchase price of the item, and the
percentage of 100%.
The title of the document is "Allocation of Estimated Tax Payments to Beneficiaries," and under that it states: "Under
Codes Section 643(g)." When I looked up that section, under definitions, it states that a beneficiary "includes heir, legatee,
devisee."
When I looked up those words independent of that code, they all make reference to a recipient of land. However, when you
think about it, the term "includes" does NOT mean that it is limited to just those words and meanings. Couldn't a
beneficiary be a company that we would deal with in getting some form of property, such as a private conveyance or home?
Could this, in fact, be a simple means to convey the value of the property to them for tax purposes, i.e., U.S. funds?
Since every commercial transaction is merely a tax, does anyone have any opinion on what this might accomplish?