Page images
PDF
EPUB

APPENDIX VI: CH. 33, SUBCHAPTER B-COMMUNICATIONS

(Original/68A Stat. 503–505)
Subchapter B-Communications

Sec. 4251. Imposition of tax.
Sec. 4252. Definitions.
Sec. 4253. Exemptions.

Sec. 4254. Computation of tax.
SEC. 4251. IMPOSITION OF TAX.

There is hereby imposed on amounts paid for the communication services or facilities enumerated in the following table a tax equal to the percent of the amount so paid as is specified in such table:

Taxable service

Rate of tax

Percent

Local telephone service ----
Long distance telephone service....
Telegraph service----
Leased wire, teletypewriter or talking circuit special service..
Wire and equipment service.-----

The taxes imposed by this section shall be paid by the person paying for the services or facilities. SEC. 4252. DEFINITIONS.

(a) Local TELEPHONE SERVICE.--As used in section 4251 the term, "local telephone service" means any telephone service not taxable as long distance telephone service; leased wire, teletypewriter or talking circuit special service; or wire and equipment service. Amounts paid for the installation of instruments, wires, poles, switchboards, apparatus, and equipment shall not be considered amounts paid for service. This subsection shall not be construed as defining as local telephone service, amounts paid for services and facilities which are exempted from other communication taxes by section 4253(b).

(b) LONG DISTANCE TELEPHONE SERVICE.- As used in section 4251 the term "long distance telephone service" means a telephone or radio telephone message or conversation for which the toll charge is more than 24 cents and for which the charge is paid within the United States.

(c) TELEGRAPH SERVICE.- As used in section 4251 the term "telegraph service' means a telegraph, cable, or radio dispatch or message for which the charge is paid within the United States.

(d) LEASED WIRE, TELETYPEWRITER OR TALKING CIRCUIT SPECIAL SERVICE.-As used in section 4251 the term “leased wire, teletypewriter or talking circuit special service" does not include any service used exclusively in rendering a service taxable as wire and equipment service. The tax imposed by section 4251 with respect to a leased wire, telety pewriter or talking circuit special service shall apply whether or not the wires or services are within a local exchange area.

(e) WIRE AND EQUIPMENT SERVICE.- As used in section 4251 the term "wire and equipment service" shall include stock quotation and information services, burglar alarm or fire alarm service, and all other similar services, but not including service described in subsection (d) of this section. The tax imposed by section 4251 with respect to wire and equipment service shall apply whether or not the wires or services are within a local exchange area. SEC. 4253. EXEMPTIONS.

(a) CERTAIN COIN-OPERATED SERVICE.-Services paid for by inserting coins in coin-operated telephones available to the public shall not be subject to the tax imposed by section 4251 with respect to local telephone service, except that where such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be subject to the tax.

(b) News SERVICES.—No tax shall be imposed under section 4251, except with respect to local telephone service, upon any payment received from any person for services or facilities utilized in the collection of news for the public press, or a news ticker service furnishing a general news service similar to that of the public press, or radio broadcasting, or in the dissemination of news through the public press, or a news ticker service furnishing a general news service similar to that of the public press, or by means of radio broadcasting, if the charge for such services or facilities is billed in writing to such person.

PURPMN

Appendix VI–Continued (c) CERTAIN ORGANIZATIONS.—No tax shall be imposed under section 4251 upon any payment received for services or facilities furnished to an international organization, or any organization created by act of Congress to act in matters of relief under the treaty of Geneva of August 22, 1864.

(d) SERVICEMEN IN COMBAT ZONE.- No tax shall be imposed under section 4251 with respect to long distance telephone service upon any payment received for any telephone or radio telephone message which originates within a combat zone, as defined in section 112, from a member of the Armed Forces of the United States performing service in such combat zone, as determined under such section, provided a certificate, setting forth such facts as the Secretary or his delegate may by regulations prescribe, is furnished to the person receiving such payment.

(e) FOR ITEMS OTHERWISE TAXED.-Only one payment of tax under section 4251 shall be required with respect to the tax on long distance telephone service or telegraph service notwithstanding the lines or stations of one or more persons are used in the transmission of such dispatch, message or conversation.

(f) SPECIAL WIRE SERVICE IN COMPANY BUSINESS.—No tax shall be imposed under section 4251 on the amount paid for so much of the service described in sections 4252 (d) and (e) as is utilized in the conduct, by a common carrier or a telephone or telegraph company or radio broadcasting station or network, of its business as such. SEC. 4254. COMPUTATION OF TAX.

(a) IN GENERAL.-If a bill is rendered the taxpayer for telephone services or telegraph services with respect to which a tax is imposed by section 4251, the amount upon which the tax shall be based shall be the sum of all such charges included in the bill, and the tax shall not be based upon the charge for each item, separately, included in the bill.

(b) WHERE PAYMENT IS MADE FOR LONG DISTANCE TELEPHONE SERVICE OR TELEGRAPH SERVICE IN COIN-OPERATED TELEPHONES.-If the tax imposed by section 4251 with respect to long distance telephone service or telegraph service is paid by inserting coins in coin-operated telephones, tax shall be computed to the nearest multiple of 5 cents, except that where the tas is midway between multiples of 5 cents, the next higher multiple shall apply.

APPENDIX VII: CHAPTER 34-DOCUMENTARY STAMP TAXES

(Original—68A Stat. 513-524) CHAPTER 34- DOCUMENTARY STAMP TAXES SUBCHAPTER A. Issuance of capital stock and certificates of indebtedness by a

corporation.
SUBCHAPTER B. Sales or transfers of capital stock and certificates of indebtedness

of a corporation.
SUBCHAPTER C. Conveyances.
SUBCHAPTER D. Policies issued by foreign insurers.

SUBCHAPTER E. Miscellaneous provisions applicable to documentary stamp taxes. Subchapter A-Issuance of Capital Stock and Certificate of Indebtedness by a

Corporation
Part I. Issuance of capital stock and similar interests.
Part II. Issuance of certificates of indebtedness.

PART 1-ISSUANCE OF CAPITAL STOCK AND SIMILAR INTERESTS

Sec. 4301. Imposition of tax.
Sec. 4302. Recapitalization.
Sec. 4303. Exemptions.
Sec. 4304. Affixing of stamps.

Sec. 4305. Cross references.
SEC. 4301. IMPOSITION OF TAX.

There shall be imposed a tax on each original issue of shares or certificates of stock, issued by a corporation, whether on organization or reorganization, at the following rates:

(1) PAR VALUE STOCK.-Eleven cents on each $100 or fraction thereof of the par or face value of each certificate (or of the shares where no certificate is issued). (2) NO-PAR-VALUE STOCK.

(A) ACTUAL VALUE OF $100 OR MORE PER SHARE.--Eleven cents on each $100 or fraction thereof of the actual value of each certificate (or of the shares where no certificate is issued).

(B) ACTUAL VALUE OF LESS THAN $100 PER SHARE.--Three cents on each $20 or fraction

thereof of the actual value of each certificate (or of the shares where no certificate is issued). SEC. 4302. RECAPITALIZATION.

In the case of a recapitalization, the tax imposed by section 4301 shall be that proportion of the tax computed on the certificates (or on the shares where no certificates are issued) issued in the recapitalization that (1) the amount dedicated as capital for the first time by the recapitalization, whether by a transfer of earned surplus or otherwise, bears to (2) the total par value (or actual value if no par stock) of such certificates or shares issued in the recapitalization. SEC. 4303. EXEMPTIONS.

(a) COMMON TRUST FUNDS.—The tax imposed by section 4301 shall not apply to the issue of shares or certificates of a common trust fund, as defined in section 584. . (b) OTHER EXEMPTIONS.

For other exemptions, see section 4382. SEC. 4304. AFFIXING OF STAMPS.

The stamps representing the tax imposed by section 4301 shall be affixed to the stock books or corresponding records of the organization and not to the certificates issued. SEC. 4305. CROSS REFERENCES,

For definitions, penalties, and other general and administrative provisions applicable to this part, see sections 4381
and 1383 and subtitle F.

PART II—ISSUANCE OF CERTIFICATES OF INDEBTEDNESS
Sec. 4311. Imposition of tax.
Sec. 4312. Definitions.
Sec. 4313. Renewals.
Sec. 4314. Bond as security for debt.
Sec. 4315. Exemptions.

Sec. 4316. Cross references.
SEC. 4311. IMPOSITION OF TAX.

There shall be imposed a tax on all certificates of indebtedness issued by a corporation at the rate of 11 cents on each $100 of face value or fraction thereof.

Appendix VII—Continued SEC. 4312. DEFINITIONS.

(a) CORPORATION.–For the purpose of section 4311 the term "corporation" includes any receiver, trustee in bankruptcy, assignee, or other person, having custody of property, or charge of the affairs, of the corporation. (b) CROSS REFERENCES. —

For other definitions, see section 4381 and subtitle F. SEC. 4313. RENEWALS.

Every renewal of any certificate of indebtedness shall be taxed as a new issue. SEC. 4314. BOND AS SECURITY FOR DEBT.

In the case where a bond conditioned for the repayment or payment of money is given in a penal sum greater than the debt secured, the tax imposed by section 4311 shall be based upon the amount secured. SEC. 4315. EXEMPTIONS.

(a) INSTALLMENT PURCHASE OF OBLIGATIONS.—The tax imposed by section 4311 shall not apply to any instrument under the terms of which the obligee is required to make payment therefor in installments and is not permitted to make in any year a payment of more than 20 percent of the cash amount to which entitled upon maturity of the instrument. (b) OTHER EXEMPTIONS.

For other exemptions, see section 4382. SEC. 4316. CROSS REFERENCES.

For penalties and other general and administrative provisions applicable to this part, see section 4383 and subtitle F.

Subchapter B-Sales or Transfers of Capital Stock and Certificates of Indebtedness

of a Corporation
Part I. Sales or transfers of capital stock and similar interests.
Part II. Sales or transfers of certificates of indebtedness.
Part III. Provisions common to sales or transfers of capital stock and certificates of

indebtedness. PART 1-SALES OR TRANSFERS OF CAPITAL STOCK AND SIMILAR INTERESTS

Sec. 4321. Imposition of tax.
Sec. 4322. Exemptions.
Sec. 4323. Affixing of stamps.

Sec. 4324. Cross references.
SEC. 4321. IMPOSITION OF TAX.

There shall be imposed a tax on each sale or transfer of shares or certificates of stock, or of rights to subscribe for or to receive such shares or certificates, issued by a corporation, at the following rates:

(1) PAR-VALUE STOCK.--Five cents on each $100 or fraction thereof of the par or face value of each certificate (or of the shares where no certificate is sold or transferred), except as provided in paragraph (3).

(2) NO-PAR-VALUE STOCK.-Five cents on each share, except as provided in paragraph (3),

(3) EXCEPTION.-In the case of a sale at $20 or more per share, the rate provided in paragraphs (1) and (2) shall be 6 cents in lieu of 5 cents. SEC. 4322. EXEMPTIONS.

(a) EXEMPTIONS FOR CERTAIN TRANSFERS.—The tax imposed by section 4321 shall not apply to any delivery or transfer of shares, certificates, or rights

(1) LOANS.—To a borrower as a loan of such shares, certificates, or rights, or to the lender as a return of such loan;

(2) BROKERS.—To a broker or his registered nominee for sale of such shares, certificates, or rights; by a broker or his registered nominee to a customer for whom and upon whose order the broker has purchased same; or by a purchasing broker to his registered nominee to be held by such nominee for the same purpose as if held by the broker;

(3) CORPORATIONS.—From à corporation to a registered nominee of such corporation, or from one such nominee to another such nominee, provided that in each instance such shares, certificates, or rights are to be held by the nominee for the same purpose as if retained by the corporation; or from such nominee to such corporation; or

(4) WORTHLESS STOCK.—By an executor or administrator to a legatee, heir, or distributee, if it is shown to the satisfaction of the Secretary or his delegate that the value of such shares, certificates, or rights is not greater than the amount of the tax that would otherwise be imposed on such delivery or transfer. (b) OTHER EXEMPTIONS.

For other exemptions, see sections 4341 to 4343, inclusive, and section 4382. SEC. 4323. AFFIXING OF STAMPS.

(a) Books OF THE CORPORATION.—The stamps representing the tax imposed by section 4321 shall be affixed to the books of the corporation in case of sale where the evidence of transfer is shown only by the books of the corporation.

« PreviousContinue »