Consumer complaint received 2021-03-08
Company: PNC Bank N.A.
State: IL
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Getting the loan

Complaint:
Demand by PNC of certain tax filings not required by borrower. Lack of knowledge of tax filing options of SMOD borrowers. Failure to reply or discuss loan. Operation in secret. 

Dear Mr. XXXX, Im concerned you as my banker required certain Tax items not applicable to me or required, both as to payroll costs and XXXX employment income. 

It feels like Tax Advice or a mandate I file as PNC requires. This seems wrong. 

Mr XXXX approved I think correctly my initial application and subsequent acts constitute a requirement a borrower file taxes as PNC dictates. 

A form 2106 may only be filed by limited filers of which I am one. The reporting of such a filer seems beyond the scope of competence you or MsXXXX XXXX or any reviewer to date. 

I dont see why this isnt essentially Tax Advice. Apparently you think you can demand I pay for a tax expert as a condition of borrowing, provide you with tax forms not necessary to my operation. Or insist I file as PNC demands. 

The materials below, seem to indicate improper training, knowledge and audit by you, Ms. XXXX, and even Ms. XXXX. 

Please deposit the loan proceeds of {$20000.00} completed ap, today. Your insistence on documents I dont think I need to file remain improper. 

Thank you, https : //www.irs.gov/government-entities/federal-state-local-governments/tax-withholding-for-government-workers Fee-Basis Officials A fee-basis public official receives and retains remuneration directly from the public. This work is considered self-employment under IRC 1402 ( c ) ( 2 ) ( E ) and these individuals are not employees with respect to this work. An official who receives salary, even if its called fees, is a common-law employee and is subject to social security and Medicare withholding. Fee-basis public officials are subject to self-employment tax. 

A position compensated by salary and fees is considered a fee-basis position if the fees are the principal source of compensation, unless a state law provides that a position for which any salary is paid is not a fee-basis position. A Section 218 Agreement may provide an exclusion from social security tax for individuals.

Form 2106 Purpose of Form Use Form 2106 if you were an Armed Forces reservist, qualified performing artist, fee-basis state or local government official, or employee with impairment-related work expenses. Due to the suspension of miscellaneous itemized deductions subject to the 2 % floor under section 67 ( a ), employees who do not fit into one of the listed categories may not use Form 2106. See the flowchart below to find out if you must file this form. 



It is my sense my filings are permissible. And it feels like PNC is not only giving Tax Advice but also requiring certain filings as a condition of PPP participation. 


Why do you think I must file certain forms? 

Why isnt that tax advice? 

Or discrimination against SMOD borrowers or any borrower who does what is permissible under the Tax Code, but you simply dont understand.

Company response to consumer: Closed with explanation