Internal Revenue Service

The Revocation of Election is a document that notifies the IRS that you are cancelling your contract in which you elected to pay them a federal income tax. This contract was initiated the first time that you filed a Form 1040. This may have occurred years ago when you filed your first 1040 on the wages of your first job.

Essentially, you’re opting out of your voluntary election to pay federal income tax. In addition, the Revocation of Election reiterates that you’re a nonresident alien. The IRS has already been made aware of your status as a national, because you already mailed them your affidavit in the Notices step. If you recall, your Affidavit of Citizenship Evidence that was previously sent in the notice, made reference that the definition of a national is consistent with the IRS definition of a nonresident alien. Below, in addition to a sample Revocation of Election document, is a sample cover letter to include with the mailing to the IRS.

Don’t forget that the Revocation of Election document must be signed and notarized before mailing to the IRS.

The mailing address is:
Internal Revenue Service
2970 Market Street
Philadelphia, Pennsylvania, 19104-5016

The documents to include in the mailing with your Revocation of Election document are:

• Revocation of Election and it’s cover letter.
• Copy of your Affidavit of Citizenship Evidence and it’s cover letter.

Complete the following form to build the Revocation of Election Package. We will email the ROE and it’s cover letter to you. There will be a link to an editor, should you need to modify your documents. Please review our Privacy Policy.

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Eligibility Checklist – Step 1 of 2

Please Note

In order to be an eligible candidate for the Revocation of Election, all boxes must be checked. Only check a box if the corresponding statement applies to you.

Checkboxes *

• I am NOT a federal employee/official in any capacity.

Checkboxes *

• I do NOT have a residence or domicile in the District of Columbia, or any of the U.S. territories, such as Puerto Rico, Guam, etc.

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• I have NOT derived any income as an American National that is effectively connected with the conduct of a statutory “trade or business” (functions of a public office) within the District of Columbia or U.S. territories.

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• I was born in one of the 50 states of the Union or have at least one parent who was born in one of the 50 states of the Union, or have been naturalized as a citizen of the republic of the United States.

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• I have made a previous ‘election’, meaning you filed a Federal Income Tax return at some point in your life.

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• I am well-versed on the material described on this page, understand the geographical limitations of the two distinct jurisdictions, understand the meanings of terms like American National and Nonresident Alien, and fully agree to the Terms and Conditions of NationalStatus.info.

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• I understand that the statutes of 26 USC §6013(g) relate to those American Nationals (Non-Resident Aliens as defined by Title 26) as the authority for the effective exercise of the ability to revoke the election, and that you can never file another Federal Income Tax return again.

Affidavit Address Security

Review Title 26 USC 6013(g) here:

https://nationalstatus.tawk.help/article/26-us-code-%C2%A7-6013g

Checkboxes *

• I understand that the Revocation of Election removes you from the U.S. Tax System for the present tax year and ALL future years — but NOT prior tax years.

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Your Full Name *

First

Middle

Last

Your Email Address *

Your Mailing Address

Address Line 1

City

— Select state —AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingState

Zip Code

Date You Mailed Your Affidavit of Citizenship Evidence *

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Place of Birth

Date of Birth

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Social Security Number

This field is not required; you can leave it blank, enter your full number, or just the last 4 numbers. You will be able to edit this field later.

Select the date you will mail your ROE *

Data Storage *

• I agree with the storage and handling of my data by this website as stated in your privacy policy.

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Submit

Update your I-9 with your employer

The I-9 is an official IRS form which provides your employer or potential employer the information they need to verify your identity and employment eligibility. If you’re already employed rather than in the process of being hired, you can still utilize and update your employment eligibility with the employer. Normally, an I-9 is utilized with an employee at the time of hire or to verify eligibility before hiring.

First complete all the demographic information at the top of the form as directed in the instructions. You’ll notice that the I-9 provides 4 choices to select from in attesting to your citizenship. None of which are consistent with a national.

In the following example I-9 form, select #2- A noncitizen national of the United States. As you already know, this is not a national, but this selection can be used for the purposes of the form and will be explained in the Letter of Explanation that you’ll include with the I-9 to your employer.

Do not forget to sign and date the form.

Submit the completed I-9 to your employer. Do not file or submit the I-9 to the IRS. It will be submitted to your employer, along with additional documents mentioned below.

Attached documents to the I-9 Form

1. Letter of Explanation

• You will be attaching a Letter of Explanation to the I-9 form, that will explain your selection of noncitizen national of the United States rather than a national. It will also explain what a national is and where to find the definition. Also, it explains to your employer that you’re now a nonresident alien, which is consistent with a national and is the term that the IRS uses for a national. The importance of this will come into play later in this process when you submit additional IRS forms to your employers.
• Follow this sample to write your own Letter of Explanation.

2. Copy of your Affidavit of Citizenship Evidence and Cover Letter

• These two documents are referenced in your Letter of Explanation.

3. Copy of your E-Verify verification

• E-Verify is the system that many, if not most, employers use to verify the eligibility of individuals to work. They use it to check potential new hires, as well as, to verify the status of current employees. When employers check the eligibility status of a potential or current employee in E-Verify, the system will authorize or not authorize the individual to work. The system is actually checking the individuals eligibility with the Department of Homeland Security and the Social Security Administration.

• Signup or login to E-Verify at the following link: https://www.e-verify.gov/employees/employee-self-services/mye-verify Note: You must first create an account on E-Verify before you can perform a self-check on MyE-Verify.

• The E-Verify system provides the ability for individuals to do a self-check via a section of their website called MyE-Verify. An individual can create an account and then login to do the self-check. Remember, by performing a self-check and including the printout from the myE-Verify you will be providing your employer the confirmation they need before they do a check. They most likely will do their own check anyway, but you’ll now be aware of what your status is.

• As with most government websites or forms, the choice for you to select your citizenship does not include a national. The choice you will select in MyE-Verify is the noncitizen national and it is critical to use your passport book or card number of the passport you received after you submitted your Affidavit of Citizenship Evidence to the U.S. Secretary of State. This passport number will connect your citizenship to that of a national, despite selecting noncitizen national in MyE-Verify.

Once you have successfully performed the MyE-Verify self-check, include the printout (example below) to your I-9 form that you’ll be submitting to your employer.

4. Printout of the Department of State website page

• Adding this page will ensure that your employer is being provided the official definition of a national illustrated directly on the U.S. Department of State website. They may not completely, or may not at all, understand what a national is, but you’ve provided them the source information to do their own research if they wish.

Below is the list of the documents to submit with your completed I-9 form.

1. Letter of Explanation.
2. Copy of the Affidavit of Citizenship Evidence and its cover letter that you sent to U.S. Secretary of State.
3. Copy of the printout of the, You’re authorized to Work! page from the myE-Verify self-check that you completed online.
4. Printout of the Department of State website page, Definition of a national.

More information on how to fill out the I-9 form:

If you would like help with your Letter of Explanation for your I-9, complete this form. The letter will be emailed to you with a link to tools for editing, if needed. Please review our Privacy Policy before using any of our forms.

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Your Information – Step 1 of 2

Name *

First

Middle

Last

Address

Address Line 1

City

— Select state —AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingState

Zip Code

Email *

Company mailing Name

Date of mailing *

This is the date you will be mailing this letter.

Passport Card Number

This is the number you used on the www.myeverify.gov website.

Next

Company Name

Company Address

Address Line 1

City

— Select state —AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingState

Zip Code

Date You Signed the I-9 *

Agreement *

• I agree with the storage and handling of my data by this website as stated in the privacy policy.

Submit

These two forms can be submitted to your employer at the same time.

• IRS Form W-4V is used by an individual to notify his employer that he would like to change the amount of Federal Income Tax withholding.
• IRS Form W-8BEN is used to notify your employer that you are an exempt Beneficial Owner of the income/wages that you earned from your employer. It also notifies your employer that you’re a nonresident alien.

Employers are also required to match your withholdings, so actually they may have an incentive to stop withholding because they will no longer have to match it. Be patient with them and help educate them. They are probably more fearful of the IRS than their employees. Bottom line though, they cannot refuse to accept these forms from you and must abide by your wishes to stop withholding. They will most likely submit the form immediately to the IRS or when the IRS inquires as why withholding has discontinued on your wages. Ideally, the IRS should not question the employer at this point because you have officially already noticed the IRS and sent them your Revocation of Election.

Are the forms W-8BEN or the W-4V not being accepted by your employer? The following sample letter and may help. The videos will also provide guidance:

More video resources from Joe Lustica on Rumble:

Forms W-4V, W-8BEN, W-8BEN-E, 1040-NR

How to fill out the W-8BEN form

Getting the W8-BEN accepted by your job

Your W8-BEN will be taken now

How to fill out the W-4V form

Now you’re ready to contact the IRS for the return of the last 3 years of federal income tax funds that they have withheld from you, via collection of withholding from your wages by your employer.

There is an IRS process to amend the last 3 years of your returns that will elicit the return of your federal tax withholdings for those tax years. They require two IRS forms (1040-X and 1040-NR) and your previously filed tax returns to complete this process.

FORM 1040-X
The first IRS form needed is the Form 1040-X which is used to explain the reason you’re submitting this form to amend a previous return. Once the reason is documented on the 1040-X, it is then attached to a completed 1040-NR form.

More on the 1040-X form:

FORM 1040-NR
The second IRS form needed, the 1040-NR, will document the amount of relevant income that is exempt from federal taxation and the amount of withholding that you want refunded to you. Don’t forget to write “Amended Return” at the top of the form.

PREVIOUSLY FILED RETURN
Finally, the third and last IRS form you’ll need will be a copy of the previous return that you are replacing or amending with the new 1040-NR form. The totals of the income and withholdings should correlate between the previous return and the new 1040-NR return. Don’t forget to write “Previously Filed Return” at the top of the form.

• If you’re in the middle or at the end of a tax year for the final 3rd year and you have not yet completed a tax return, you’ll still need to file a 1040-NR to have any federal tax withholdings returned to you that has been withheld up to that date for the current tax year. In this situation, the 1040-NR (and a copy of a current pay stub or W-2) is all that is needed and will be used to substantiate an individual’s nonresident alien status and to provide the relevant income and withholding amounts. Ideally as a nonresident alien, unless any additional federal taxes are withheld or you work directly for the federal government or in the geographical area of the District of Columbia, it will no longer be necessary to file a federal tax return.
• Best of all, by completing Step Four of the Internal Revenue Service section, you have finally fully removed yourself and any connection to the U.S. Federal Tax system. Congratulations!

The entire amount of federal tax withholding for the most currently ended tax year (2023) has been approved for refund for this writer (see screenshot of the refund approval below). For this year, all that was needed to file was the completed 1040-NR and a copy of the most current pay stub or the W-2 for 2023, if it was available. No other filing had been submitted for that tax year, so there was no need to amend a previously filed return.

This is very exciting news as this approval of the refund of the full amount of federal tax withholding validates and confirms that the IRS has accepted and acknowledged all previously submitted documentation related to establishing oneself as a nonresident alien aka a national. With this acknowledgement, it also indicates that as a nonresident alien, federal tax will no longer be withheld unless the nonresident alien works directly for the U.S. or works within the geographical area of the district of columbia.

BOTTOM LINE….this process worked, but you MUST read carefully and understand that not everyone’s situation is the same.

Now that you’ve completed all the steps in the IRS section, you are no longer required to file a federal tax return with the federal government.

• When mailing documents of this importance it is wise to use Certified Mail, Return Receipt Requested.
• Be sure to keep all copies of your return mailing receipts in a safe location.
• If you’re emailing any of these documents to your employer, you may want to set the your email up for a delivery and read receipt.
• If you’re handing documents directly to your employer or to the IRS at a local service office be sure to have the documents initialed by them and get a copy to take for your records. This will allow you to verify, if needed, that you’ve submitted these documents.
• Take a look at the Internal Revenue Code of 1954; 26 CFR 1.1-1(a)

IRS forms are overwhelming. Having someone personally guide you through the steps will relieve the stress.

Mark Mayes is now offering his professional services to assist nationals with completing the steps to remove themselves from the IRS federal income tax system.

To start working with Mark, just complete this form and he will be in touch with you soon.

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Name *

First

Last

Additional I've Phone

Email *

Phone *

I've completed the following steps: *

• Affidavit of citizenship evidence
• Notices to local authorities
• Notice to the IRS
• Passport
• IRS Step 1 – Revocation of Election
• IRS Step 2 – IRS form I-9

Select all that you have completed so far.

Additional Notes:

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