30 June, 1864, § 80. 13 July, 1866, § 9. No special tax in exceed $1,000 per annum. How annual re estimated. gard to licenses. quired 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.] 65. That the special tax shall not be imposed upon apothecaries, confectioners, butchers, keepers of eating-houses, hotels, inns, or certain cases, un- taverns, or retail dealers, except retail dealers in spirituous and less gross receipts malt liquors when their annual gross receipts shall not exceed the sum of one thousand dollars, any provision of law to the contrary notwithstanding; the amount of such annual receipts to be ceipts are to be ascertained or estimated in such manner as the Commissioner of Internal Revenue shall prescribe, as well as the amount of all other annual sales or receipts where the tax is graduated by the amount of sales or receipts; and where the amount of the tax has been increased by law above the amount paid by any person, firm, or company, or has been understated or underestimated, such person, firm, or company shall be again assessed, and pay the amount Proviso in re of such increase: Provided, That when any person, before the passage of this act, has been assessed for a license, the amount thus assessed being equal to the tax herein imposed for the business covered by such license, no special tax shall be assessed until the expiration of the period for which such license was assessed. 66. That apothecaries who manufacture, for their own dispensation and sales to consumers and to physicians, the medicines caries not regard- compounded according to the United States or other national pharmacopoeias, or of which the full and proper formula is published in any of the dispensatories now or hitherto in common use among physicians or apothecaries, or in any pharmaceutical journal now issued by any incorporated college of pharmacy, shall not Certain other be regarded as manufacturers under this act. But apothecaries apothecaries and and all other persons who manufacture for the dispensing and sales of others, or who make and advertise any article, medicinal or otherwise, simple or compound, with any special proprietary claim to merit, or to special advantage in use or effect, whether such claim be based on the properties, qualities, price, or any other distinctive or distinguishing characteristic, whether real or pretended, of the articles so made and advertised, whether such article be or be not made according to the authorities above cited in this section, shall be regarded as manufacturers under this act. 13 July, 1866, § 12. Certain apothe ed as manufacturers. persons regarded as manufturers. 30 June, 1864, § 81. 3 March, 1865, § 1. 13 July, 1866, §9. imposed upon cases. ecaries. cians. 67. That nothing contained in the preceding sections of this Special tax not act shall be construed to impose a special tax upon vintners who vintners in certain sell wine of their own growth at the place where the same is made ; Nor upon apoth- nor upon apothecaries, as to wines or spirituous liquors which they use exclusively in the preparation or making up of medicines; nor Nor upon physi- shall physicians be taxed for keeping on hand medicines solely for the purpose of making up their own prescriptions for their own Nor upon farm- patients; nor shall farmers be taxed as manufacturers or producers for making butter or cheese, with milk from their own cows, or for any other farm products: Provided, That the payment of any tax imposed by law shall not be held or construed to exempt any person carrying on any trade, business or profession, from any penalty or punishment provided by the laws of any State for carrying on such trade, business or profession within such State, or in any manner to authorize the commencement or continuance of ers. Proviso. such trade, business, or profession contrary to the laws of such State, or in places prohibited by municipal law; nor shall the payment of any tax herein provided be held or construed to prohibit or prevent any State from placing a duty or tax for State or other purposes on any trade, business, or profession, upon which a tax is imposed by law. wholesale dealer may be refunded. 68. That where the license tax imposed upon any wholesale 27 July, 1866, § 1. dealer has been calculated upon the amount of such dealer's sales Amount paid by for the previous year, in accordance with the terms of the seventy- for license in exninth section of an act approved June thirtieth, eighteen hundred cess of actual sales and sixty-four, and it shall be proved to the satisfaction of the Commissioner of Internal Revenue that the sales made under such license did not equal in amount the sales of such previous year, it shall be lawful for said Commissioner to refund to such wholesale dealer so much of the amount paid for such license as may be in excess of the proper tax chargeable upon the amount of sales actually made under such license during the year for which the same was issued. AUCTION IV. MISCELLANEOUS SUBJECTS OF TAXATION. SALES-BROKERS-BANKS-RAILROADS-STEAMBOATS, PANIES-INSURANCE ETC.-EXPRESS COMCOMPANIES-TELEGRAPH COMPANIES-THEATRES, ETC.—PASS PORTS-LOTTERIES—ADVERTISEMENTS. 13 July, 1866, §9. Auction sales. 69. That there shall be levied and collected and paid monthly 30 June, 1864, § 98. on all sales of real estate, goods, wares, merchandise, articles, or things at auction, including all sales of stocks, bonds, and other securities, a duty of one-tenth of one per centum on the gross amount of such sales: Provided, That no tax shall be levied under the provisions of this section upon any sales by or for judicial or executive officers making auction sales by virtue of a judgment or decree of any court, nor to public sales made by guardians, executors, or administrators. No duty levied on sales by judicial officers, &c. 30 June, 1864, $99. 13 July, 1866, § 9. Brokers. Per centum on 70. That there shall be paid on all sales made by brokers, banks 3 March, 1865, $1. or bankers, whether made for the benefit of others or on their own account, the following taxes, that is to say: Upon all sales and contracts for the sale of stocks, bonds, gold and silver bullion and sales. coin, promissory notes or other securities, a tax at the rate of one cent for every hundred dollars of the amount of such sales or contracts; and on all sales and contracts for sale negotiated and made by any person, firm or company not paying a special tax as a broker, bank or banker, of any gold or silver bullion, coin, promissory notes, stocks, bonds, or other securities, not his or their own property, there shall be paid a tax at the rate of five cents for every hundred dollars of the amount of such sales or contracts; and on every sale and contract for sale, as aforesaid, there shall be made Sale to be made and delivered by the seller to the buyer a bill or memorandum of by bill or memosuch sale or contract, on which there shall be affixed a lawful stamp stamps to be or stamps in value equal to the amount of tax on such sale, to be equal in value to determined by the rates of tax before mentioned; and in computing amount of tax. the amount of the stamp tax in any case herein provided for, any fractional part of one hundred dollars of value or amount on which tax is computed shall be accounted at one hundred dollars. And every bill or memorandum of sale, or contract of sale, before mentioned, shall show the date thereof, the name of the seller, the amount of the sale or contract, and the matter or thing to which randum, and affixed thereto Penalty. States and the informer. it refers. And any person or persons liable to pay the tax as herein provided, or any one who acts in the matter as agent or broker for such person or persons, who shall make any such sale or contract, or who shall, in pursuance of any sale or contract, deliver or receive any stocks, bonds, bullion, coin, promissory notes, or other securities, without a bill or memorandum thereof as herein required, or who shall deliver or receive such bill or memorandum without having the proper stamps affixed thereto, shall forfeit and pay to the United States a penalty of five hundred dollars for each and every offence where the tax so evaded, or attempted to be evaded, does not exceed on hundred dollars, and a penalty of one thousand dollars when such tax shall exceed one hundred dollars, which may be recovered with costs in any court of the United States of competent jurisdiction, at any time within one year after the liability to such penalty shall have been incurred; and the To be distributed penalty recovered shall be awarded and distributed by the court between United between the United States and the informer, if there be any, as provided by law, who, in the judgment of the court, shall have first given the information of the violation of the law for which recovery is had: Provided, That where it shall appear that the omission to affix the proper stamp was not with intent to evade the provisions of this section, said penalty shall not be incurred. Law in relation And the provisions of law in relation to stamp duties in schedule to stamp duties in B of this act shall apply to the stamp taxes herein imposed upon Schedule B to ap- sales and contracts of sales made by brokers, banks or bankers, and Commercial bro- others as aforesaid. And there shall be paid monthly on all sales kers-por centum by commercial brokers of any goods, wares, or merchandise, a tax on sales. of one-twentieth of one per centum upon the amount of such sales; Returns to be and on or before the tenth day of each month, every commercial made monthly to broker shall make a list or return to the assistant assessor of the district of the gross amount of such sales as aforesaid for the preceding month, in form and manner as may be prescribed by the Commissioner of Internal Revenue: Provided, That in estimating sales of goods, wares, and merchandise for the purposes of this section, any sales made by or through another broker upon which a 13 July, 1866, 9. tax has been paid shall not be estimated and included as sold by Monthly tax of the broker for whom the sale was made. Proviso. ply. assistant assessor. Proviso, 30 June, 1864, § 110. 3 March, 1865, § 1. of one per cent. person engaged in banking. one twenty-fourth of banks and per banking. one twenty-fourth 71. That there shall be levied, collected, and paid a tax of one upon deposits in twenty-fourth of one per centum each month upon the average banks or with any amount of the deposits of money, subject to payment by check or draft, or represented by certificates of deposit or otherwise, Monthly tax of whether payable on demand or at some future day, with any perof one per cent. son, bank, association, company, or corporation engaged in the upon the capital business of banking; and a tax of one twenty-fourth of one per sons engaged in centum each month, as aforesaid, upon the capital of any bank, Amount invested association, company, or corporation, and on the capital employed in United States by any person in the business of banking beyond the average Monthly tax of amount invested in United States bonds; and a tax of one-twelfth one-twelfth of one of one per centum each month upon the average amount of cirrage amount of cir- culation issued by any bank, association, corporation, company, or person, including as circulation all certified checks and all Additional notes and other obligations calculated or intended to circulate or one-sixth of one to be used as money, but not including that in the vault of the per cent. upon ave- bank, or redeemed and on deposit for said bank; and an addiculation beyond tional tax of one-sixth of one per centum, each month, upon the average amount of such circulation, issued as aforesaid, beyond .bonds exempted. ¡per cent.upon ave culation issued by any bank. monthly tax of rage amount of cir ninety per cent. of capital. monthly tax of amount of circu months preceding district. be verified by the dent or cashier in Commissioner. Penalty for neg lect. Proceedings in Banks branches. with the amount of ninety per centum of the capital of any such bank, Additional association, corporation, company, or person. And a true and ac- one-sixth of one curate return of the amount of circulation, of deposit and of capital, per cent. upon as aforesaid, and of the amount of notes of persons, State banks lation beyond the or State banking associations paid out by them for the previous average for the six month, shall be made and rendered monthly by each of such banks, July 1, 1864. associations, corporations, companies, or persons to the assessor of Return to made monthly to the district in which any such bank, association, corporation, or the assessor of the company may be located, or in which such person has his place of business, with a declaration annexed thereto, and the oath or Return to be affirmation of such person, or of the president or cashier of such oath of the presibank, association, corporation, or company, in such form and man- the form prener as may be prescribed by the Commissioner of Internal Revenue, scribed by the 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 case of neglect. 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 three, eighteen hundred and sixty-three, as imposes any tax on banks, their circulation, capital, or deposits, other than is herein provided, is hereby repealed: Provided, That to apply to na this section shall not apply to associations which are taxed under tional banks. and by virtue of the act "to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof." And the deposits in associations Deposits in savor companies known as Provident Institutions, Savings Banks, having no capital Savings Funds, or Savings Institutions, having no capital stock stock, &c., exempt and doing no other business than receiving deposits to be loaned securities of the 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 than $500, in the hundred dollars made in the name of any one person; and the returns name of any one required to be made by such Provident Institutions and Savings person, exempt. Banks after July,eighteen hundred and sixty-six, shall be made on the made semi-annufirst Monday of January and July of each year, in such form and manner as may be prescribed by the Commissioner of Internal Revenue. 72. That every national banking association, State bank, or 3 State banking association, 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 of August, eighteen hundred and sixty-six, and such tax banks, &c., after shall be assessed and paid in such manner as shall be prescribed August 1, 1866. by the Commisssioner of Internal Revenue. This section not ings institutions where invested in United States. Deposits less Returns to be ally. March, 1865, § 6. 13 July, 1866, § 9 bis. Tax of 10 per cent. upon circula tion of State 3 March, 1865, § 14. bis. Capital of State into national bank 73. That the capital of any State bank or banking association 13 July, 1866, § 9 which has ceased or shall cease to exist, or which has been or shall be converted into a national bank, shall be assumed to be the banks converted capital as it existed immediately before such bank ceased to exist to be considered or was converted as aforesaid; and whenever the outstanding cirthe same as before culation of any bank, association, corporation, company, or person When circula- shall be reduced to an amount not exceedingfive per centum of tion does not ex- the chartered or declared capital existing at the time the same was capital to be ex- issued, said circulation shall be free from taxation; and whenever conversion. ceed 5 per cent. of empt from tax. National banks tax due from the to be held for the State bank. gross receipts of barges, canal vehicles transport Not chargeable ports. any bank which has ceased to issue notes for circulation shall deposit in the treasury of the United 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 association has been converted into a national banking association, and such national banking association has assumed the liabilities of such State bank or banking association, 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. 30 June, 1864, §103. 74. That every person, firm, company, or corporation owning 3 March, 1865, § 1. 13 July, 1866, § 9. or possessing or having the care or management of any railroad, Tax of 2 per canal, steamboat, ship, barge, canal-boat, or other vessel, or any centum upon the stage coach or other vehicle, except hacks or carriages not runrailroads, canals, ning on continuous routes, engaged or employed in the business of steamboats, ships, transporting passengers for hire, or in transporting the mails of the boats, Vessels, United States upon contracts made prior to August first, eighteen stage coaches, and hundred and sixty-six, shall be subject to and pay a tax of two ing passengers or and one-half per cent. of the gross receipts from passengers and property for hire. mails of such railroad, canal, steamboat, ship, barge, canal-boat, or upon steamers and other vessel, or such stage coach or other vehicle: Provided, That vessels plying between the United the tax hereby imposed shall not be assessed upon receipts for the States and foreign 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 one hundred and nine as requires returns to be made of receipts hereby exempted from tax when derived from transporting propTax of three per erty for hire is hereby repealed: Provided also, That any person and bridges receiv. or persons, firms, companies, or corporations owning, possessing, ing tolls for passen- or having the care or management of any toll-road, ferry, or bridge, on gross receipts. 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 three per centum of the gross amount of all their receipts of every Not taxable description; but when the gros receipts of any such bridge or when receipts are 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 centum on ferries gers and freight, less than expenses of repairs. |