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30 June 1864. Watches.
30 June 1864 3 103 13 Stat. 275.
Tax on receipts steamboats, &c.
May add tax to fare.
On gold watches, composed wholly or in part of gold, or gilt, kept for use, valued
On gold watches, composed wholly or in part of gold, or gilt, kept for use, valued
Provided, That silver spoons or plate of silver used by one family, to an amount not
VIII. DUTIES ON RECEIPTS FROM RAILROADS, ETC.
281. Every person, firm, company or corporation owing or possessing or having the care or management of any railroad, canal, steamboat, ship, barge, canal-boat or other vessel, or any stage-coach or other vehicle, except hacks or carriages not running on continuous routes, engaged or employed in the business of transporting passengers for hire, or in transporting the mails of the United States, upon contracts made prior to August 1st 1866, shall be subject to and pay a tax of two and one-half per cent of the gross receipts from passengers and mails, of such railroad, canal, steamboat, ship, barge, canal-boat or other vessel, or such stage-coach or other vehicle: Provided, That the tax hereby imposed shall not be assessed upon receipts for the transportation of persons or mails between the United States and any foreign port; but such tax shall be assessed upon the transportation of persons from a port within the United States through a foreign territory to a port within the United States, and shall be assessed upon and collected from persons, firms, companies or corporations within the United States, receiving hire or pay for such transportation of persons or mails; and so much of section 109 (a) as requires returns to be made of receipts hereby exempted from tax, Toll-bridges and when derived from transporting property for hire, is hereby repealed: Provided
2. 00 10.00
also, That any person or persons, firms, companies or corporations owning, possessing or having the care or management of any [toll-road,] ferry or bridge, authorized by law to receive toll for the transit of passengers, beasts, carriages, teams and freight of any description, over such [toll-road,] ferry or bridge, shall be subject to and pay a tax of two and a half per cent. of the gross amount of all their receipts of every description; but when the gross receipts of any such bridge or [toll-road] for and during any term of twelve consecutive calendar months, shall not exceed the amount necessarily expended during said term to keep such bridge or road in repair, no tax shall be assessed upon such receipts during the month next following any such term: Provided further, That all such persons, companies and corporations shall, * * have the right to add the tax imposed hereby to their rates of fare, whenever their liability thereto may cominence, any limitations which may exist by law or by agreement with any person or company which may have paid or be liable to pay such fare, to the contrary notwithstanding. And whenever the addition to any fare shall amount only to the fraction of one cent, any person or company, liable to the tax of two and a half per centum, may add to such fare one cent in lieu of such fraction; and such person or company shall keep for sale, at convenient points, tickets in packages of twenty and multiples of twenty, to the price of which only an amount equal to the revenue tax shall be added: And provided further, That no tax under the foregoing provisions of this section shall be assessed upon any person, firm, company or corporation, whose gross receipts do not exceed one thousand dollars per annum: And provided further, That all boats, barges and flats not used for carrying passengers, nor propelled by steam or sails, which are floated or towed by tug-boats or horses, and used exclusively for carrying coal, oil, minerals or agricultural products to market, shall be required hereafter, in lieu of enrolment fees or tonnage tax, to pay an annual special tax, for each and every such boat, of a capacity exceeding twenty-five tons, and not exceeding one hundred tons, five dollars; and when exceeding one hundred tons, as aforesaid, shall be required to pay ten dollars; and said tax shall be assessed and collected as other special taxes provided for in this act. (b)
1867, 14 Stat. 475; and repealed, as to toll roads, by the 34th sec76) So amended by acts 13 July 1866, 14 Stat. 135, and 2 March tion of the latter act. 14 Stat. 485.
(a) See infra 286.
282. Any person, firm, company or corporation carrying on or doing an express 30 June 1864 ? 104. business, shall be subject to and pay a duty of three per centum on the gross amount Express compaof all the receipts of such express business.
283. There shall be levied, collected and paid a duty of one and a half of one per Ibid. 105. centum upon the gross receipts of premiums or assessments for insurance from loss or Insurance comdamage by fire, or by the perils of the sea, made by every insurance company, whether panies. inland or marine, or fire insurance company, and by every association or individual engaged in the business of insurance against loss or damage by fire, or by the perils of the seas; (a) and by every person, firm, company or corporation, who shall issue tickets or contracts of insurance against injury to persons while travelling by land or water; and a like duty shall be paid by the agent of any foreign insurance company having an office or doing business within the United States; and in the account or return to be rendered, they shall state the amount insured, renewed or continued, the gross amount of premiums received, and assessments collected, and the duties by law accruing thereon. * *(b)
284. Any person, firm, company or corporation owning or possessing or having the care or management of any telegraphic line, by which telegraphic despatches or mes- Telegraph comsages are received or transmitted, shall be subject to and pay a tax of three per centum panies. on the gross amount of all receipts of such person, firm, company or corporation. (c)
Ibid. § 108.
285. Any person, firm or corporation, or the manager or agent thereof, owning, conducting or having the care or management of any theatre, opera, circus, museum or Theatres, &c. other public exhibition of dramatic or operatic representations, plays, performances, musical entertainments, feats of horsemanship, acrobatic sports or other shows, which are opened to the public for pay, but not including occasional concerts, school exhibitions, lectures or exhibitions of works of art, shall be subject to and pay a duty of two per centum on the gross amount of all receipts derived by such person, firm, company or corporation, from such representations, plays, performances, exhibitions, shows or musical entertainments.
286. Any person, firm, company or corporation owning or possessing, or having the Ibid. 109. care or management of any railroad, canal, steamboat, ship, barge, canal-boat or other Monthly returns vessel, or any ferry, [toll-road] or bridge, as enumerated and described in section 103 of to be made. this act; or carrying on or doing an express business; or engaged in the business of insurance, as herein before described; or owning or having the care and management of any telegraph line, or owning, possessing, leasing or having the control or management of any circus, theatre, opera or museum, shall, within twenty days after the end of each and every month, make a list or return in duplicate to the assistant assessor of the district, stating the gross amount of their receipts, respectively, for the month next preceding; which return shall be verified by the oath or affirmation of such owner, possessor, manager, agent or other proper officer, in the manner and form to be prescribed from time to time by the commissioner of internal revenue; and shall also pay Payment of tax. to the collector the full amount of duties which have accrued on such receipts for the month aforesaid. And in case of neglect or refusal to make said lists or return, for the space of ten days after such return should have been made as aforesaid, the assessor or assistant assessor shall proceed to estimate the amount received, and the duties payable thereon, and shall add thereto ten per centum, as herein before provided in other cases of delinquency, to make return for purposes of assessment; and for the purpose of making such assessment, or of ascertaining the correctness of any such return, the books of any such person, firm, company or corporation shall be subject to the inspection of the assessor or assistant assessor, on his demand or request therefor. And in For non-payment case of neglect or refusal to pay the duties, with the addition aforesaid, when the same have been ascertained, for the space of ten days after the same shall have become payable, the owner, possessor or person having the management as aforesaid, shall pay in addition ten per centum on the amount of such duties and addition. And for any attempt knowingly to evade the payment of such duties, the said owner, possessor or person having the care or management as aforesaid, shall be liable to pay a penalty of one thousand dollars for every such attempt, to be recovered as provided in this act for the recovery of penalties. And all provisions of this act in relation to liens and collections by distraint, not incompatible herewith, shall apply to this section and the objects therein embraced.
of tax, &c.
Penalty for ne glect to make returns.
IX. TAX ON PASSPORTS.
13 Stat. 276.
287. For every passport issued from the office of the secretary of state, there shall be 30 June 1864 2 106 paid the sum of five dollars; which amount may be paid to any collector appointed under this act, and his receipt therefor shall be forwarded, with the application for such Tax on passports.
(a) This is not a direct tax, but a duty on excise. Pacific Railroad Co. v. Soule, 7 Wall. 434.
(b) So amended by act 3 March 1865, 1. 13 Stat. 478.
30 June 1864. passport, to the office of the secretary of state, or any agent appointed by him, to be transmitted to the commissioner of internal revenue, there to be charged to the account of such collector; and the collectors shall account for all moneys received for passports, in the manner herein before provided. And a like amount shall be paid for every passport issued by any minister or consul of the United States, who shall account therefor to the treasury.
X. TAX ON BANKING BUSINESS.
288. There shall be levied, collected and paid a tax of one twenty-fourth of one per centum, each month, upon the average amount of the deposits of money, subject to payment by check or draft, or represented by certificates of deposit or otherwise, whether payable on demand or at some future day, with any person, bank, association, company or corporation engaged in the business of banking; (a) and a tax of one twenty-fourth of one per centum, each month, as aforesaid, upon the capital of any bank, association, company or corporation, and on the capital employed by any person in the business of banking beyond the average amount invested in United States bonds; and a tax of onetwelfth of one per centum, each month, upon the average amount of circulation issued by any bank, association, corporation, company or person, including as circulation all certified checks and all notes and other obligations calculated or intended to circulate or to be used as money, but not including that in the vault of the bank, or redeemed and on deposit for said bank;(6) and an additional tax of one-sixth of one per centum, each month, upon the average amount of such circulation, issued as aforesaid, beyond the amount of ninety per centum of the capital of any such bank, association, corporaMonthly returns tion, company or person. And a true and accurate return of the amount of circulation,
to be made.
30 June 1864
110. 13 St. 277. Tax on deposits.
of deposit and of capital, as aforesaid, and of the amount of notes of persons, state banks, or state banking associations, paid out by them for the previous month, shall be made and rendered, monthly, by each of such banks, associations, corporations, companies or persons, to the assessor of the district in which any such bank, association, corporation or company may be located, or in which such person has his place of business, with a declaration annexed thereto, and the oath or affirmation of such person, or of the president or cashier of such bank, association, corporation or company, in such form and manner as may be prescribed by the commissioner of internal revenue, that the same contains a true and faithful statement of the amounts subject to tax as aforesaid. And for any refusal or neglect to make or to render return and payment, any such bank, association, corporation, company or person so in default, shall be subject to and pay a penalty of two hundred dollars, besides the additional penalty and forfeitures in other cases provided by law; and the amount of circulation, deposit, capital and notes of persons, state banks and banking associations paid out, as aforesaid, in default of the proper return, shall be estimated by the assessor or assistant assessor of the district as aforesaid, upon the best information he can obtain; and every such penalty may be recovered for the use of the United States, in any court of competent jurisdiction. And in the case of banks with branches, the tax herein provided for shall be assessed upon the circulation of each branch, severally, and the amount of capital of each branch shall be considered to be the amount allotted to such branch; and so much of an act entitled "An act to provide ways and means for the support of the government," approved March 3, 1863, as imposes any tax on banks, their circulation, capital or deposits, other than is herein provided, is hereby repealed: National banks. Provided, That this section shall not apply to associations which are taxed under and by virtue of the act "to provide a national currency secured by a pledge of the United States bonds, and to provide for the circulation and redemption thereof." (c) And the deposits in associations or companies known as provident institutions, saving banks, savings funds, or savings institutions, having no capital stock, and doing no other business than receiving deposits, to be loaned or invested for the sole benefit of the parties making such deposits, without profit or compensation to the association or company, shall be exempt from tax on so much of their deposits as they have invested in securities of the United States, and on all deposits less than five hundred dollars made in the name of any one person; and the returns required to be made by such provident institutions and savings banks, after July 1866, shall be made on the first Monday of January and July of each year, in such form and manner as may be prescribed by the commissioner of internal revenue. (d)
Payment of taxos.
What banks to be exempt.
(2) This embraces savings banks which receive deposits and lend the same for the benefit of their depositors, though they have no capital stock, and neither make discounts nor issue money for circulation. Bank for Savings v. The Collector, 3 Wall. 495. It is held by the commissioner of internal revenue, that every person who makes it his business to receive and sell stocks
left with him for that purpose, must be regarded as a banker, and is taxable as such. 10 Int. R. Rec. 62.
(b) See Case of Columbia Bank, 2 Int. R. Rec. 206.
13 Stat. 484.
289. Every national banking association, state bank or state banking association, 3 March 1865 8 6. shall pay a tax of ten per centum on the amount of notes of any person, state bank or state banking association, used for circulation and paid out by them after the first day Tax on circulaof August 1866; and such tax shall be assessed and paid in such a manner as shall be banks. prescribed by the commissioner of internal revenue. (a)
tion of state
290. The capital of any state bank or banking association which has ceased or shall cease to exist, or which has been or shall be converted into a national bank, shall be Capital of state assumed to be the capital as it existed immediately before such bank ceased to exist or banks. was converted as aforesaid; and whenever the outstanding circulation of any bank, association, corporation, company or person shall be reduced to an amount not exceeding five per centum of the chartered or declared capital existing at the time the same was issued, said circulation shall be free from taxation; and whenever any bank which When circulation to be exempt has ceased to issue notes for circulation, shall deposit in the treasury of the United from tax. States, in lawful money, the amount of its outstanding circulation, to be redeemed at par, under such regulations as the secretary of the treasury shall prescribe, it shall be exempt from any tax upon such circulation. And whenever any state bank or banking Returns by state association has been converted into a national banking association, and such national into national banking association has assumed the liabilities of such state bank or banking associa- banks. tion, including the redemption of its bills, by any agreement or understanding whatever with the representatives of such state bank or banking association, such national banking association shall be held to make the required return and payment on the circulation outstanding, so long as such circulation shall exceed five per centum of the capital, before such conversion of such state bank or banking association.
15 Stat. 6.
291. Every national banking association, state bank, or banker or association, shall 26 Mar. 1867 ¿ 2. pay a tax of ten per centum on the amount of notes of any town, city or municipal corporation paid out by them, after the first day of May, Anno Domini 1867, to be Tax on circulation of municipal collected in the mode and manner in which the tax on the notes of state banks is notes. collected.
XI. TAX ON LOTTERIES.
292. Every individual, partnership, firm and association, being proprietors, managers or agents of lotteries, shall pay a tax of five per centum on the gross amount of the receipts from the said business; and all persons making such sales shall, within ten days after the first day of each and every month, make and render a list or return in duplicate to the assistant assessor of the gross amount of such sales made as aforesaid, with the amount of duty which has accrued or should accrue thereon; which list shall Monthly returns. have annexed thereto a declaration, under oath or affirmation, in such form and signed by such officer, agent or clerk as may be prescribed by the commissioner of internal revenue, that the same is true and correct; and the said proprietors, managers and Payment of tax. agents shall, on or before the twentieth day of each and every month as aforesaid, pay the collector or deputy-collector of the proper district the amount of the duty or tax as aforesaid. And in default of making such lists or returns, the said proprietors, Penalty for viomanagers and agents, and all other persons making such sales, shall be subject to and lation." pay a penalty of one thousand dollars, besides the additions, penalties and forfeitures in other cases provided; and the said proprietors, managers and agents shall, in default of paying the said duty or tax, at the time herein required, be subject to and pay a penalty of one thousand dollars, or be imprisoned not exceeding one year. In all cases of delinquency in making said list, return or payment, the assessments and collections shall be made in the manner prescribed in the provisions of this act in relation to manufactures, articles and products: Provided, That the managers of any sanitary fair, or of any charitable, benevolent or religious association, may apply to the collector of the district and present to him proof that the proceeds of any contemplated lottery, raffle or gift enterprise will be applied to the relief of sick and wounded soldiers, or to some other charitable use, and thereupon the commissioner shall grant a permit to hold such lottery, raffle or gift enterprise; and the said sanitary fair or charitable or benevolent association shall be exempt from all charge, whether from tax or license, in respect of such lottery, raffle or gift enterprise: Provided further, That nothing in this section contained shall be construed to legalize any lottery.
30 June 1864
111. 13 St. 279. Tax on receipts
293. Each lottery ticket or certificate supplementary thereto shall be legibly stamped at the time of sale with the name of the vendor, and the date of such sale, under a How lottery tickpenalty of fifty dollars, to be paid by the vendor of each lottery ticket, or certificate ets to be stamped. supplementary thereto, sold without being first stamped as aforesaid.
294. In addition to all other penalties and forfeitures, now imposed by law for the Ibid. 113. evasion of license fees or other taxes upon the lottery business, any person who shall hereafter sell or dispose of any lottery ticket, or certificate supplementary thereto, or (a) So amended by act 13 July 1856. 14 Stat. 146.
Penalty for selling lottery tick
ets without li cense.
any device in the nature thereof, without having first duly obtained a license as hereinbefore mentioned, shall incur a penalty of five hundred dollars for each and every such offence; and any person who shall purchase, obtain or receive any lottery ticket, or any policy of numbers, tokens, certificate, wager or device, representing or intended to represent a lottery ticket, or fractional part thereof, from any person not having a license to deal in lottery tickets, as provided by law, may recover from such person of whom the same was purchased, obtained or received, at any time within three years thereafter, before any court of competent jurisdiction, a sum equal to twice the amount paid for the same, with just and legal costs.
295. All persons and every person who shall engage or be concerned in the business of a lottery dealer, without having first obtained a license so to do, under such rules Additional penal- and regulations as shall be prescribed by the secretary of the treasury, shall forfeit
and pay a penalty of one thousand dollars, to be assessed by the assessor of the proper district, and collected as assessed taxes are collected, subject nevertheless to the provisions of law relating to erroneous assessments; and shall, on conviction by any court of competent jurisdiction, suffer imprisonment for a period not exceeding a Managers to keep year, at the discretion of the court. And it shall be the duty of all managers and proprietors and their agents to keep, or cause to be kept, just and true books of
To be open to in- account, wherein all their transactions shall be plainly and legibly set forth, which books of account shall at all reasonable times and hours be subject to the inspection Penalty for vio- of the assessor, assistant assessor, revenue agent and inspector of the proper district;
and any manager, proprietor, agent or vendor under this act, who shall refuse or prohibit such inspection of his or their books as aforesaid, shall pay a penalty of one thousand dollars, or suffer imprisonment for a term not exceeding one year for every such offence.
30 June 1894.
3 Mar. 1865 13. 13 Stat. 484.
XII. INCOME DUTIES.
296. There shall be levied, collected and paid annually upon the gains, profits and income of every person residing in the United States, or of any citizen of the United Income duties to States residing abroad, (a) whether derived from any kind of property, rents, interest,
dividends or salaries, or from any profession, trade, employment or vocation, carried on in the United States, or elsewhere, (b) or from any other source whatever, a tax of five per centum on the amount so derived, over one thousand dollars; and a like tax shall be levied, collected and paid, annually, upon the gains, profits and income of every business, trade or profession carried on in the United States, by persons residing without the United States, and not citizens thereof. And the tax herein provided for shall be assessed, collected and paid upon the gains, profits and income for the year (c) ending the thirty-first day of December next preceding the time for levying, collecting and paying said tax.(d)
297. In estimating the gains, profits and income of any person, there shall be in
On what assessed. cluded all income derived from interest upon notes, bonds and other securities of the
United States; profits realized within the year from sales of real estate purchased within the year or within two years previous to the year for which income is estimated; interest received or accrued upon all notes, bonds and mortgages, or other forms of indebtedness bearing interest, whether paid or not, if good and collectable, less the interest which has become due from said person during the year; the amount of all premium on gold and coupons; the amount of sales of live stock, sugar, wool. butter, cheese, pork, beef, mutton or other meats, hay and grain, or other vegetable or other productions, being the growth or produce of the estate of such person, not including any part thereof consumed directly by the family; all other gains, profits, and income derived from any source whatever, except the rental value of any homestead used or occupied by any person or by his family in his own right or in the right of his wife; and the share of any person of the gains and profits of all companies, whether incorporated or partnership, who would be entitled to the same, if divided, whether divided or otherwise, (e) except the amount of income received from institutions or corporations whose officers, as required by law, withhold a per centum of the dividends made by such institutions, and pay the same to the officer authorized to receive the same; and except that portion of the salary or pay received for services in the civil, military, naval or other service of the United States, including senators, representatives and delegates in congress, from which the tax has been deducted. What deductions And in addition to one thousand dollars exempt from income tax, as herein before pro
to be made from
gross income. vided, all national, state, county and municipal taxes paid within the year shall be
30 June 1864 116. 13 St. 281.
(a) This does not impose a tax on the income of a non-resident alien, derived from the bonds of railroad companies, in the United States. Railroad Co. v. Jackson, 7 Wall. 262.
(b) See Sulley v. Attorney-General, 23 Law Rep. 175. (e) Where a person dies before the close of the income year, the income received by him, during the part of such year that he
lived, is liable to the income tax. Mandell v. Pierce, 7 Int. R. Rec. 193; 8. c. 1 Am. L. T. Rep. 123.
(d) So amended by act 2 March 1867. 14 Stat. 477.
(e) It was held otherwise, under the original act. Ex parte Ives, 1 Int. R. Rec. 45. Contrà, Magee v. Denton, 6 Blatch. C. C. 130.