Conservatives on TikTok think they’ve found a constitutional loophole that lets them stop paying taxes
Conservatives on TikTok are trying to get people to stop paying their taxes, citing Joe Biden’s presidency as taxation without representation.
In the original video that kicked it off, which has 5,300 views and 100 duets, a man can be seen explaining how collective action on tax documents could be an act of revolution against the U.S. government.
“It’s as simple as going to your HR department and filing exempt [on Form W-4],” he said. “Because there’s that sweet little document that says no taxation without representation and they’re making it pretty clear the American people are no longer being represented.”
The original TikToker seems to be referring to the Constitution, which does not have a taxation without representation clause. The phrase was used as a rallying cry during the lead-up to the Revolutionary War over the Stamp Act of 1765, where the British Parliament voted to tax U.S. colonies. However, the phrase was never codified into law, and many examples of taxation without representation still exist, including the District of Colombia and all U.S. territories.
Despite this legal and factual inaccuracy, people in the comments of the video believe it’s possible.
“Haven’t paid in 27 years,” one comment said.
“Yesssss I haven’t paid taxes in years cuz I refuse illegal forced taxation and that’s gonna be my argument in court too,” said another.
In subsequent duets, TikTokers can be seen reacting to the video and agreeing with the original poster. One of the duets has over 23,000 likes and 1,000 comments, with people once again agreeing that refusing to pay both is possible and legal.
“I've been putting exempt for years show me the law that says I have to pay,” one comment said.
“I've been saying that [for] over a year but there are only a few who believe in the Constitution,” said another.
According to H&R Block, while filing for tax exemption is not illegal, filers have to meet certain criteria to qualify for the exemption. Failure to do so could mean hefty fines and a bill from the IRS for unpaid taxes. Also, even with a tax exemption, employers will still withhold Social Security and Medicare taxes from an employee's paycheck.
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