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Opinion of the Attorney-General, August 17, 1898, on the question whether the word “goods” includes money: Where an express company receives money for transportation, it is regarded as "goods" under Schedule A, and a bill of lading must be issued therefor, and a stamp affixed. (Vol. 2, Treas. Dec. (1898), No. 19970.)
Receipts, bills of lading, or manifests issued by express companies in cases of shipment of money and securities of the United States Government under contract for transportation of same are subject to stamp tax under act of 1898. (Vol. 2, Treas. Dec. (1898), No. 19996.)
The Attorney-General holds that the law which makes it the duty of the carrier to issue a bill of lading or a receipt to a person from whom any goods are accepted for transportation, and to stamp the same, does not apply to baggage received by railroad companies and carried upon the same train with the owner, whether such baggage be the quantity allowed ordinarily by the rules of the railroad company or is in excess of such amount. (Vol.2, Treas. Dec, (1898), No. 20169.)
Exemption from tax of express matter carried for railroad company free under contract with express company. (Vol. 2, Treas. Dec. (1898), No. 20240.)
Bill of lading covering both domestic and foreign transportation alone requires a 10-cent revenue stamp, but if it only covers the domestic transportation, a 1-cent stamp; i. e., only one revenue stamp is now required, either a 10-cent or a 1-cent stamp. (Vol. 1, Treas. Dec. (1899), No. 20834.)
No obligation imposed on transportation companies to issue export bills of lading, but when such bills are issued they must be stamped. (Vol. 1, Treas. Dec. (1899), No. 21169.)
Bills of lading issued by steamboats or other vessels plying only between ports of the United States and ports in British North America do not require stamps. (Vol. 1, Treas. Dec. (1899), No. 21255.)
Tax imposed on bills of lading covering shipments from a port or place within the United States to any foreign port or place. (Vol. 2, Treas. Dec. (1899), No. 21453.)
Carriers not required by law to issue duplicates of domestic bills of lading, but if they do issue them they must stamp them with a 1.cent stamp. (Vol. 2, Treas. Dec. (1899), No. 21645.)
Memorandum receipts for freight, afterwards exchanged for bills of lading, must be stamped when issued. (Vol. 2, Treas. Dec. (1899), No. 21688.)
Concerning the business of local expressmen and common carriers. (Vol. 2, Treas. Dec. (1899), No. 21692.)
The stamp tax on bills of lading is payable by the transportation company issuing the bill of lading, and the payment by a disbursing officer of such tax on shipments made by the Gov
ernment is unauthorized. (VI Comp. Dec., 72.) Telephone mes. (8) Telephone messages: It shall be the duty of every sages.
person, firm, or corporation owning or operating any tele. phone line or lines to make within the first fifteen days of each month a sworn statement to the collector of internal revenue in each of their respective districts, stating the number of messages or conversations transmitted over their respective lines during the preceding month for which a charge of fifteen cents or more was imposed, and for each of such messages or conversations the said person, firm, or corporation shall pay a tax of one cent: Provided, That only one payment of said tax shall be required, notwithstanding the lines of one or more persons, firms, or corporations shall be used for the transmission of each of said messages or conversations.
Exemptions, see sec. 18, p. 307.
Telephone messages and conversations. The person, firm, or corporation starting the message or conversation on its course should make return on Form 424. (Vol. 1, Treas. Dec. (1899), No. 20983.)
(9) Bond: For indemnifying any person or persons, tirm, Bonde,
Bonds of municipal officers required to be stamped. (Vol. 2,
Tax on renewal of bonds of fidelity companies taking effect
Tax on bonds required before a person can enter on the duties
Bonds of potaries public are subject to a tax. (Vol. 1, Treas.
Dramshop bonds. (United States v. Ambrosini, vol. 3, Treas.
Bonds required in legal proceedings. Bonds of administrators,
Opinion of the Attorney-General that bonds given by private individuals secured by mortgages are taxable as bonds of any description not otherwise provided for, and not as promissory notes. (Vol. 1, Treas. Dec. (1899), No. 20788.)
Bonds given under section 3297, Revised Statutes, by officers of State institutions, for alcohol to be used for scientific purposes, not subject to stamp tax. (Vol. 1, Treas. Dec. (1899), No. 20876.)
Stamps required on bonds of distillers, brewers, and other manufacturers, when given in duplicate or triplicato, only the original to be stamped. Modification of Treasury ruling No. 19707, of July 18, 1898. (Vol. 1, Treas. Dec. (1899), No. 21312.)
Guaranties accompanying proposals taxable the same bonds. (Vol. 2, Treas. Dec. (1899), No. 21609.)
Bonds of indemnity, and fidelity and guaranty insurance. (Vol. 3, Treas. Dec. (1900), Int. Rev. No. 15.) (10) Certificate of profits, or any certificate or memoran- Certificate of dum showing an interest in the property or accumulations profits, etc. of any association, company, or corporation, and on all transfers thereof, on each one hundred dollars of face value or fraction thereof, two cents.
(11) Certificate: Any certificate of damage, or otherwise, Certificate of and all other certificates or documents issued by any port damago. warden, marine surveyor, or other person acting as such, twenty-five cents.
(12) Certificate of any description required by law not Certificate of otherwise specified in this Act, ten cents.
any description. Certificates of acknowledgment to deeds and mortgages not required to be stamped. (Vol. 2, Treas. Dec. (1898), No. 19764.)
See numerous rulings in Circular 503, revised, on the subject
of Certificates required by law. (13) Charter party: Contract or agreement for the char. Charter party. ter of any ship, or vessel, or steamer, or any letter, memorandum, or other writing between the captain, master, or owner, or person acting as agent of any ship, or vessel, or steamer, and any other person or persons, for or relating to the charter of such ship, or vessel, or steamer, or any renewal or transfer thereof, if the registered tonnage of such ship, or vessel, or steamer does not exceed three hundred tons, three dollars.
Exceeding three hundred tons and not exceeding six hundred tons, five dollars. Exceeding six hundred tons, ten dollars.
Barges not included in the term “vessel,” in paragraph relating to charter party. (Vol. 2, Treas. Dec. (1898), No. 19653.)
The tax imposed on charter parties is applicable only to registered tonnage in foreign trade, and does not apply to enrolled or licensed tonnage. (Opinion of the Attorney-General. Vol. 2, Treas. Dec. (1898), No. 19823.)
The copy or duplicate of a foreign-made charter party, chartering a vessel to load at a port within the United States, which is the original evidence in this country of the vessel's charter and the evidence accepted by all concerned, is subject to taxation.
(Vol. 2, Treas. Dec. (1899), No. 21419.) contracte: (14) Contract: Broker's note, or memorandum of sale of etc.
any goods or merchandise, stocks, bonds, exchange, notes of hand, real estate, or property of any kind or description issued by brokers or persons acting as such, for each note or memorandum of sale, not otherwise provided for in this
Act, ten cents. Deeds, etc. (15) Conveyance: Deed, instrument, or writing, whereby
any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her, or their direction, when the consideration or value exceeds one hundred dollars and does not exceed five hundred dollars, fifty cents; and for each additional five hundred dollars or fractional part thereof in excess of five hundred dollars, fifty cents.
Referee's deed. Decision of New York supreme court. (Loring v. Chase, vol. 1, Treas. Dec. (1899), No. 20794.)
A conveyance of realty by a master commissioner must have necessary stamps to be receivable for record. (Farmers' Loan and Trust Co. v. Council Bluffs Gas and Electric Light Co. (1898), 90 Fed. Rep., 806; Vol. 1, Treas. Dec. (1899), No. 20952.)
Taxation of conveyances of realty sold subject to mortgage. Decision of Judge Taft in United States circuit court for southern district of Ohio considered. (Vol. 1, Treas. Dec. (1899), No. 21314.)
Escrow deeds are not subject to taxation until final delivery. (Vol. 2, Treas. Dec. (1898), No. 20096.)
A contract for deed used in selling real estate is not subject to stamp tax. (Vol. 2, Treas. Dec. (1898), No. 20065.)
Releases of mortgages and deeds of trust operating as mortgages are not subject to taxation, no matter in what form they are executed. (Vol. 2, Treas. Doc. (1898), No. 20440.)
Deeds of masters in chancery are required to be stamped. (Vol. 2, Treas. Dec. (1898), No. 20311.)
Warranty deed with vendor's lien taxed as a conveyance of land. No mortgage tax imposed thereon. (Vol. 2, Treas. Dec. (1898), No. 20320.)
When a partition deed is operative in defining boundary lines or in showing by location each tenant in common's interest, no tax accrues. (Vol. 1, Treas. Dec. (1899), No. 20792.)
A deed or mortgage executed and delivered prior to July 1, 1898, is subject to stamp tax when offered for registration after that date in States where, by State law, registration is necessary to pass title or establish valid lien. (Vol. 1, Treas. Dec. (1899), No. 20838.)
Conveyance of a mine located on unpatented land is subject to taxation. (Vol. 1, Treas. Dec. (1899), No. 20986.)
Decision construing the clause in Schedule A relative to stamps on conveyances. U. S. Circuit Court, Western District of Missouri. (Vol. 3, Treas. Dec. (1900), Int. Rev. No.51.)
Deeds of conveyance executed by and between tenants in common not taxable. Deeds of conveyance executed by and between joint tenants taxable. (Vol. 1, Treas. Dec. (1899), No. 21283.)
Method of computing taxation on real property subject to mortgage. Modifying Treas. Dec. 19932. (Vol. 2, Treas. Dec. (1899), No. 21519.)
Couveyance of realty to trustees or other persons without a valuable consideration, not taxable. (Vol. 3, Treas. Doc. (1900) Int. Rev. No.52; Circular 555, March 9, 1900.)
A deed of conveyance conveying real estate that lies in countries that are not United States territory is not subject to taxation, though the grantor and grantee may both be citizens and residents of the United States. (Vol. 2, Treas. Dec. (1899), No. 21562.)
Deeds that are simply confirmatory and do not vest title not already vested are exempt from tax; same as to deeds of partition. (Circular No.503, 2d revision. Compilation of decisions for year 1899, p. 293.
Taxation of conveyances of real property where a mortgage is given to the grantor by the grantee at the time of conveyance for part of the purchase price. (Vol. 2, Treas. Dec. (1899), No.
21621.) (16) Dispatch, telegraphic: Any dispatch or message, Telegrams. one cent.
(17) Entry of any goods, wares, or merchandise at any Entry of goods, custom-house, either for consumption or warehousing, not house. exceeding one hundred dollars in value, twenty-five cents.
Exceeding one hundred dollars and not exceeding five handred dollars in value, fifty cents.
Exceeding five hundred dollars in value, one dollar. (18) Entry for the withdrawal of any goods or merchan-, Entry for with
drawal dise from customs bonded warehouse, fifty cents.
(19) Insurance (life): Policy of insurance, or other instru. Life insurance. ment, by whatever name the same shall be called, whereby any insurance shall hereafter be made upon any life or lives, for each one hundred dollars or fractional part thereof, eight cents on the amount insured: Provided, That on all in Insurance or policies, for life insurance only, issued on the industrial or weekly payment weekly-payment plan of insurance, the tax shall be forty plan. per centum of the amount of the first weekly premium. And it shall be the duty of each person, firm, or corporation issuing such policies to make within the first fifteen days of every month a sworn statement to the collector of internal revenue in each of their respective districts, of the total amount of first weekly premiums received on such policies issued by the said person, firm, or corporation during the preceding month, and upon the total amount so received, the said person, firm, or corporation shall pay the said tax of forty per centum: Provided further, That the Exemption. provisions of this section shall not apply to any fraternal, beneficiary society, or order, or farmers' purely local cooperative company or association, or einployees' relief associations operated on the lodge system, or local cooperation plan, organized and conducted solely by the members thereof for the exclusive benefit of its members and not for profit.
A policy of insurance is not valid unless it bears the proper canceled revenue stamp. Stamps may be affixed by local agents when policies are delivered. (Vol. 2, Treas. Dec. (1898), No. 19741.)
Circunstauces under which policies of life insurance issued in lieu of canceled policies, surrendered for change in class of insurance and amount of insurance, are not taxable. (Vol. 1, Treas. Dec. (1899), No. 21048.)
Several conditions under which a policy of life insurance, issued in lieu of a surrendered policy, is not subject to taxation. Instructions in regard to indorsing the new policy to show why stamps are not affixed. Change of beneficiaries without consideration not taxable; when made for a valuable consideration, taxable as assignments. (Vol. 1, Treas. Dec. (1899), No. 21227.)
Annuities payable either during life or a term of years not taxable under Schedule A. (Vol. 2, Treas. Dec. (1899), No. 21618.)
Exemption-Classes of life insurance companies where policies are exempt if the companies are not conducted for profit.
(Vol. 2, Treas. Dec. (1899), No. 21779.) Marine, inland (20) Insurance (marine, inland, fire,): Each policy of fire insurance. insurance or other instrument, by whatever name the same
shall be called, by which insurance shall be made or renewed upon property of any description (including rents or profits), whether against peril by sea or on inland waters, or by fire or lightning, or other peril, made by any person, association, or corporation, upon the amount of premium
charged, one half of one cent on each dollar or fractional Exemption. part thereof: Provided, That purely cooperative or mutual
fire insurance companies carried on by the members thereof solely for the protection of their own property and not for profit shall be exempted from the tax herein provided.
Tax on insurance policies issued by foreign insurance companies having agencies in the United States. (Vol. 2, Treas. Dec. (1898), No. 20034.)
Fire insurance policy, when assigned or transferred, taxed in proportion to the unearned premium. (Vol. 2, Troas. Déc. (1898), No. 20068.)
Policies of insurance (marine) issued by foreign companies having no established agencies in the United States are nevertheless subject to the stamp tax when obtained by or through insurance brokers residing in this country. (Vol. 2, Treas. Dec.
(1898), No. 20259.) Insurance (21) Insurance (casualty, fidelity, and guarantee): Each ( ty, and guaran: policy of insurance, or bond or obligation of the nature of tee). Accident, indemnity for loss, damage, or liability issued, or executed, ers' lability; or renewed by any person, association, company, or corplate glass,steam poration, transacting the business of accident, fidelity, elovator, auto employer's liability, plate glass, steam boiler, burglary, matic sprinkler; elevator, automatic sprinkler, or other branch of insurance of insuranco (except life, marine, inland, and fire insurance), and each (except, etc.).
bond, undertaking, or recognizance, conditioned for the performance of the duties of any office or position, or for the doing or not doing of anything therein specified, or other obligation of tbe nature of indemnity, and each contract or obligation guaranteeing the validity or legality of bonds or other obligations issued by any State, county, municipal, or other public body or organization, or guaranteeing titles to real estate or mercantile credits executed or guaranteed by
any fidelity, guarantee, or surety company upon the amount Rate.
of premium charged, one-half of one cent on each dollar or fractional part thereof.
Policies of insurance or renewal receipts not subject to taxation until 19sued; issue defined. Taxation based on premium