The issue of real and personal property taxation is long overdue to be challenged. The premise is that for a personal property tax on a free sovereign, private individual to be legal, it must be Constitutional, and applied as the Constitution regulates it. Any other means makes the tax void in law.
All citizens have the right to know why they are being taxed, and to know that it is a legal taxation which represents their interests. Paying taxes without knowing the law and your rights makes you nothing more than a slave.
How many people do you know of or have heard about that have lost their property... home or land, because of not paying property taxes? It occurs across the country on a daily basis. This is not only immoral and unethical, it is criminal and a violation of a person's civil rights. WHY?
Most every sale of property occurs without ANY Due Process... that is, there has been no court hearing, no judgment, no adjudication of all facts, and no consideration given for the actual laws regarding the tax in the first place. That is where this information come in. You now have a means to not only challenge your property taxes, but to have any lost property returned to you via the courts for violation of your rights and the law, to include damages.
NOTICE: It is a crime for any government office or any official to auction or otherwise sell in any way, private or business property of any individual WITHOUT FIRST HAVING DUE PROCESS OF LAW, to determine the cause of action and the recourse in law. The sale of any property outside this means is illegal, and all those involved with such a sale, including those purchasing said property, are personally liable for damages, and subject to criminal charges under Racketeering (RICO) laws, and for violation of civil and Due Process rights. All government officials have the "Greater Duty" to know the law and comply with it, and if you are involved with such an auction without Due Process for the owner, you are in breach of your fiduciary duty and you can be held personally liable by those harmed by this fraud. Any challenge to property taxation or property sale made by any citizen requires you to respond, point by point, and to "prove up" your position in law.
For you to understand WHY property taxes as applied are unconstitutional, you need the facts of law. The following Property Tax Challenge Document provides you the laws you need to understand and use to make your case. Be sure to read it through completely. Use it to request from your assessor, the actual authority they have to tax your personal property as they are. Customize it to your personal and state situation, have it Notarized, and send it certified mail, return receipt requested. If they refuse to answer it within 30 days, stop paying your property taxes and use the document as your evidence of good faith efforts to receive proof of the laws. It is also good to CC your State Attorney General, and your Senator and Congressmen, your County Commissioners and perhaps the sheriff. This places them on NOTICE as well, and can be used as more proof of your "good faith" efforts to determine your true liability for property taxes. Keep in mind that you will most likely have to defend yourself against their likely criminal response, but you can do it with this material. If you must, pay the taxes, but be sure to do so with a statement on the check or certified money order to the affect: "Paid under duress and coercion."
You can also use a form of this to challenge taxes paid on an old piece of property since fraud has no statute of limitations, and damages can be recouped for this fraud. Simply change the verbiage to be asking about past taxes you paid... DON'T TAKE THIS FRAUD LYING DOWN!!!
If you are unsure about this, have your attorney review this document and the laws it references. If he cannot refute the premise, showing the laws and facts that support their position, how can a city government do so? If the attorney tries to refute it, please forward the response to us and we will provide rebuttal and further proof for you and them.
Business Property Taxes:
If you have a business that is "incorporated," you fall under possible tax liability because to incorporate is to seek a "privilege" from the government and that privilege CAN be taxed... BUT IT MUST BE TAXED ACCORDING TO THE CONSTITUTIONAL FORMS OF TAXATION, WHICH IT NEVER IS. You can use a form of the above document to challenge these taxes as well because they do not fall under legal forms of taxes.
If you have a private business, sole proprietor or other form of private business, you are NOT subject to personal property taxes as the Constitution and laws declare. Challenging these taxes is the first step in freeing yourself from the tyranny and corruption of lawless government and officials, however well-meaning they may be. Ignorance of the law is no excuse. By requesting this information from your city officials, you are not only making sure that you are paying what you legally owe, but you are placing your government officials "ON NOTICE" that this activity could well be illegal and this requires that they personally respond, and investigate or bring to the attention of their superiors, the issue. They have the "Greater Duty" to know the law and comply with it, or they are in breach of their fiduciary duty and can be held personally liable.
This is the first step to take to challenge your property taxes. If the assessor does NOT respond, we will have the next step to take which will be a lawsuit, which is easy to file and you do NOT need an attorney for. In fact, as you begin to learn more about the actual laws and Constitution, you can easily represent yourself in most any case you have to deal with, whether bringing suit, or defending yourself. Seminars will be available in the near future to teach this.
By the way, the same legal argument exists for Income Taxes. Research this as well. You will be amazed and angered at how we have been, and are being, deceived and defrauded by government.
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