How State Governments Entrap You into a CIVIL DOMICILE
Throughout this site, we tell people to avoid domicile at all costs. There is NO upside and a huge downside. See, for instance:
Why Domicile and Becoming a “Taxpayer” Require Your Consent, Form #05.002
https://sedm.org/Forms/05-MemLaw/Domicile.pdf
What we object to MOST of all about domicile is attempts to impose it upon you or the obligations or privileges incident to it without your consent. This can happen by courts unilaterally doing it or by state revenue agencies sending you a questionnaire like this one.
Utah State Tax Commission Domicile Survey, Exhibit #01.027
https://sedm.org/Exhibits/EX01.027-UtahDomcileSurvey.pdf
They are doing the above survey under the auspices of revenue collection, in fact, as a response to the filing of a nonresident state income tax return by someone still living in the state but not consensually domiciled there. It was possibly triggered by the sending in of the nonresident return from a Utah address. It isn’t signed under penalty of perjury, which we find interesting.
Those who file as a “nonresident alien” for federal purposes also must file as a nonresident for state purposes, because most states use the federal definitions in their own state revenue codes. Thus, something like the above survey can sometimes be the result.
RESIDENT and NONRESIDENT is based ONLY on consent for those who aren’t privileged aliens, meaning nationals. Nationals are nonresidents, so trying to make you privileged as a national is a conspiracy against your rights, as in this case. The “presence test”, for instance, in 26 U.S.C. 7701(b) applies only to “alien individuals” and not nationals.
The irony of this survey is that they need your cooperation to complete it and send it in. If you never send it in, indirectly you are consenting to help them unilaterally determine if you have a domicile and even select one for you based on your answers. Why would they ask the questions if they didn’t intend to use it to unilaterally determine domicile? They want to make domicile an issue of FACT rather than EXPRESS consent. It should ALWAYS be ONLY about consent and not facts. The Declaration of Independence says that JUST government is based on consent, not IMPUTING consent from actions.
Force them to get your consent and make sure you never give it!
How are you helping them? They need your admissions in order to move further. By ignoring this fishing expedition you introduce nothing and they would have to go and search driver license databases and property record database and school databases among other things. They have to get you to enter the evidence. Even if they could look up all the info in databases there is no guarantee (except maybe a driver license database which likely has an ssn linked) that they would be pulling the exact records. So it could be easily challenged. If you introduce the evidence, however, then it can’t be disputed.
By reading the permissive language leading up to the semi and fully mandatory language one can see it’s most likely not required. Of course if persons can respond appropriately then it may be to their advantage but no guarantees that anything you send won’t just be misconstrued.
DON’T cooperate with such efforts!
We will be putting together a standard boilerplate response to this kind of fishing expedition for those who don’t want a civil domicile.
Please don’t misunderstand our position on this. Domicile is a vehicle not only for imposing and enforcing the CIVIL STATUTORY law, but also for recovering the cost of what we call “CIVIL SERVICE FEES” on our disclaimer:
SEDM Disclaimer, Section 4.6: Civil Service
https://sedm.org/disclaimer.htm#4.6._Civil_Service
Everyone should always feel an obligation to pay for the services they use. That is not the issue. But there is a MUCH better way to recover the cost of delivering those services without bundling the CIVIL STATUTORY code on top of it and thereby recruiting you INTO the government as a public officer. We describe how to implement this in:
- SEDM Disclaimer, Section 4.31: Natural Law
https://sedm.org/disclaimer.htm#4.31._Natural_law - Self Government Federation: Articles of Confederation, Form #13.002
https://sedm.org/Forms/13-SelfFamilyChurchGovnce/SGFArtOfConfed.pdf
Government is just a business that really only delivers CRIMINAL and common law protection. To pile on top of that the CIVIL STATUTORY LAW that gives them the ability to literally recruit its customers into involuntary ECONOMIC and LEGAL servitude just by virtue of doing business with them constitutes what we call “weaponization of the government” and you should never cooperate with such efforts:
SEDM Disclaimer, Section 4.32: Weaponization of the Government
https://sedm.org/disclaimer.htm#4.30._Weaponization_of_government
NO OTHER private business is allowed to charge ANYTHING it wants and impose ANY duty it wants on its customers. Government should never have that ability either through the civil statutory law as described below:
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037
https://sedm.org/Forms/05-MemLaw/StatLawGovt.pdf
It’s PURE STUPIDITY to let PUBLIC servants write civil statutory rules to control their Sovereign masters, “we the people”. The result is a completely unaccountable anarchist government that can and in fact DOES get away with anything it wants. See:
Your Irresponsible, Lawless, and Anarchist Beast Government, Form #05.054
https://sedm.org/Forms/05-MemLaw/YourIrresponsibleLawlessGov.pdf