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The Columbia University Libraries reserve the right to refuse to accept a copying order if, in its judgement, fulfillment of the order would involve violation of the copyright law. Author: Belmont, August, & Co. Title: The tax on your income Place: New York City Date: [1913] COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET MASTER NEGATIVE « ORIGINAL MATERIAL AS FILMED - EXISTING BIBLIOGRAPHIC RECORD t . 491 B41 L Belmont^ August, 4 co. The tax on your income. Belmont & oo . tl913j cover-title, 16, clj P» New York city, August 22P". "Synopsis of the income tax law recently enacted by the Congress of the United States.** n iHiMiii ,,atmjmmamiiMmtm i.il iiJii.Mii « .■liifc..iltf-. .,LA.^..>.....> ■..-■■. ■.^... ^.T..,,^.,^ ..^..^ j^ RESTRICTIONS ON USE: TECHNICAL MICROFORM DATA FILM SIZE: AS\mm REDUCTION RATIO: \dd IMAGE PLACEMENT: lA (llA ) IB MB DATE FILMED: ^-i::i-^^ INITIALS :Jt TRACKING # : mn oSQgq FILMED BY PRESERVATION RESOURCES. BETHLEHEM. 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Bchool of Business Library Columbia University H'^AY 2 4 1941 The Tax On Your Income August Belmont & Co- 43 Exchange Place New York City 11 f i •l Vi D4-9I ©41 Cdumbta ©nitietf ttp THE LIBRARIES School of Business «; r» M i> 1 >. -a^ .. •■ V I, r-^afc ^^7^rf^-,-aa« « ■'•' • • 1% \ j^sBnsm^oBBm } i o> lO QN THE FOLLOWING PAGES ^^^ will be found a synopsis of the Income Tax Law recently enacted by the Congress of the United States. This synopsis of the statute as it relates to individuals has been prepared for the benefit of our customers who are de- sirous of not only getting at the gist of the subject but who are anxious to know just how it will affect them. We trust that it clearly sets forth the provisions of the law. :: :: :: :: :: :: :: • • » • • • • • • . • • • > ■• • k < ' • • • • • : •.; :• :•• ••. - • • • • I > . • • • • • • • « « • ».. • • •• • . • • • • • , • • • . • :.••./ SYNOPSIS L Persons liable for tax II. The income tax III. What constitutes income IV. What does not constitute income V. Deductions allowed from income VI. Deductions not allowed from income VII. Specific exemption allowed VIII. The taxable year IX. Statement or return of income X. Who are required to make rttums XI. Who are not required to make returns XII. Collection at the source XIII. How exemptions and deductions are secured XIV. Assessment and payment of tax * « t • * f • • . • • • . ■ ' ..••••• • • • ' , »« • t . » • • ■ t » * • % • • •» • •• < • • ' , » » . • • • • t . i * • • am ■ * • ' . I * *,»•••• : .**..'•*.. > 4) THE INCOME TAX I. PERSONS LIABLE FOR TAX : The tax, as its name indicates, is levied against income and not against tangible wealth, such as realty and personalty, the tax on which is assessed locally. The law states that the net incomes of the following individuals are subject to this tax: z. All citizens of the United States, whether residing at home or abroad 2. All persons residing in the United States, though not citizens thereof 3. Non-resident aliens on that income derived from property in the United States or from carrying on any business, trade or profession in the United States. II. THE INCOME TAX : The income tax law as enacted by Congress and which became a law on October 3, 19 13, provides for a progressive tax ranging from i per cent, to 7 per cent, per annum, accord- ing to the amount of income received. In order to facilitate its collection the tax is divided into two parts — the normal tax and the additional tax. The normal tax, amounting to a fixed rate of i per cent, is collected for the most part at the source, while the additional tax, with various rates according to the amount of income received, is a direct assess- ment against the taxpayer. A fixed rate is easy to collect at the source while a progressive tax, varying with each individual, can only be collected with ease by a direct assess- ment against the individual — hence the distinction in the law between a normal and an additional tax. 3SSS^SSSSSBSSS^^S IX^.ilKlliii W This additional tax is as follows: 1% on amt. of income over $20,000, but not over $50,000 " " " 75,000 2 3 4 5 6 (( (< (( (( (( To illustrate (( i< « (( (( (( ({ {( <( (( (( (( ({ 100,000 250,000 500,000 50,000 75,000 100,000 250,000 500,000 if an unmarried man's income should amount to say $750,000 per annum, his tax would be computed as follows : Net income $750,000 Exemption 3,000 Subject to normal tax 747,000 Normal tax of 1% on $747,000 $7»470 Additional tax on $747,000: 1% on $30,000 ($20,000 to $50,000)...$ 300 2 3 4 5 6 (( it (( 25»ooo ( 50,000 to 75,000) . . . 500 25,000 ( 75,000 to 100,000) . . . 750 150,000 (100,000 to 250,000)... 6,000 250,000 (250,000 to 500,000) . . . 12,500 " 247,000 (500,000 to 747,000) . . . 14,820 Amount of additional tax 34,870 TOTAL AMOUNT OF TAX $42,340 The tax, as we have seen, is based on net income. It is therefore, highly important that we know just what consti- tutes net income. III. WHAT CONSTITUTES INCOME: The law states that "the net income of a taxable person shall include a. "Gains, profits, and income derived from salaries, wages, or compensation for personal service of whatever kind and in whatever form paid, or from professions, vocations, businesses, trade, commerce,* or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in real or personal property, also from , , b. "Interest, rent, dividends, securities, or the trans- action of any lawful business carried on for gain or profit, or c. "Gains or profits and income derived from any source whatever, including the income from but not the value of property acquired by gift, be- quest, devise, or descent." In the statement of income must be included, in the case of a member of a firm, that portion of the yearly profits to which he is entitled, whether personally received or not, as partnerships, unlike corporations, are not liable for the income tax. Partners are liable for the tax only in their individual capacity. As the net earnings of corporations are subject to the normal tax of i per cent, only, and not to the additional tax, there is incorporated in the law a provision against the ac- cumulation of a surplus for the purpose of evading the addi- tional tax by stockholders. This provision reads as follows: "For the purpose of this additional tax the taxable income of any individual shall embrace the share to which he would be entitled of the gains and profits, if divided or distributed, whether divided or distrib- uted or not, of all corporations, joint stock com- panies or associations however created or organized, formed or fraudulently availed of for the purpose of preventing the imposition of such tax through the medium of permitting such gains and profits to accumulate instead of being divided or distributed; and the fact that any such corporation, joint stock company, or association, is a mere holding company, or that the gains and profits are permitted to ac- cumulate beyond the reasonable needs of the busi- ness shall be prima facie evidence of a fraudulent purpose to escape such tax; but the fact that the gains and profits are in any case permitted to accumulate and become surplus shall not be con- strued as evidence of a purpose to escape the said tax in such case unless the Secretary of the Treas- I ^ li ury shall certify that in his opinion such accumu- lation is unreasonable for the purposes of the busi- ness. When requested by the Commissioner of Internal Revenue, or any district collector of internal revenue, such corporation, joint stock company, or association shall forward to him a correct statement of such profits and the names of the individuals who would be entitled to the same if distributed." IV. WHAT DOES NOT CONSTITUTE INCOME: I. 2. 'The value of property acquired by gift, bequest, devise, or descent." The proceeds of life insurance policies paid upon the death of the person insured or payments made by or credited to the insured, on life insurance, endowment, or annuity contracts, upon the re- turn thereof to the insured at the maturity of the term mentioned in the contract, or upon the surrender of the contract." In computing net income there shall be excluded: 1. Interest upon obligations of a State or any political subdivision thereof 2. Interest upon the obligations of the United States or its possessions 3. The compensation of the present President during the term for which he has been elected. 4. The compensation of the Judges of the Supreme and Inferior courts of the United States now in office 5. The compensation of all officers and employees of a State or any political sub-division thereof, except when such compensation is paid by the United States Government (as Senators and Rep- resentatives in Congress) V. DEDUCTIONS ALLOWED FROM INCOME: In computing net income for the purpose of the normal tax of I per cent, there shall be allowed as deductions: < > i> i *> ,. z. Necessary expenses actually paid in carrying on any business, not including personal, living or family expenses a. All interest paid within the year by a taxable person on indebtedness 3. All national. State, county, school, and municipal taxes paid within the year, not including those assessed against local benefits, which add to the value of property and do not take away as an expense, such as sidewalks, etc. 4. Losses actually sustained during the year, incurred in trade or arising from fires, storms, or ship- wreck, and not compensated for by insurance or otherwise 5 Debts due to the taxpayer actually ascertained to be worthless and charged off within the year 6. A reasonable allowance for the exhaustion, wear and tear of property arising out of its use or em- ployment in the business, not to exceed, in the case of mines, 5 per centum of the gross value at the mines of the output for the year for which the computation is made 7. The amount received as dividends upon the stock or from the net earnings of any corporation, joint stock company, association, or insurance com- pany which is taxable upon its net income 8. The amount of income, the normal tax upon which has been paid or withheld for payment at the source Although the law does not definitely so state the above de- ductions are also undoubtedly allowable in ascertaining the amount of net income subject to the additional tax, with the exception of No. 7 and No. 8. As corporations pay the normal tax only the dividends in the hands of the individual are subject to the additional tax. It is obvious that No. 8 cannot be deducted for the purpose of the additional tax. II 1^ VI. DEDUCTIONS NOT ALLOWED FROM INCOME: 1. All personal, living or family expenses 2. Taxes assessed against local benefits, such as for sidewalks, curbing, etc., which add to the value of property 3. All expense of restoring property or making good the exhaustion thereof for which an allowance has been made; for instance the expense of repairing a house damaged by fire which is covered by in- surance 4. Amounts paid for new buildings, permanent im- provements, or betterments made to increase the value of any property or estate. The following are not allowed to be deducted for the pur- pose of computing the additional tax: 1. The amount received as dividends upon the stock or from the net earnings of any corporation, joint stock company, association, or insurance company 2. The amount of income, the normal tax upon which has been paid or withheld from payment at the source. VIL SPECIFIC EXEMPTION ALLOWED: After net income has been ascertained in accordance with the foregoing provisions, the law allows a certain portion of net income exempted from the tax to cover personal, living and family expenses. The exemptions are as follows: For taxable person $3^000 For married man with a wife living with him and vice versa ^^qoo But in no event shall the $1,000 additional be deducted by both husband and wife. "Provided, That only one deduction of $4,000 shall be made from the aggregate income of both hus- band and wife when living together." Vin. THE TAXABLE YEAR: The tax shall be computed upon the remainder of the net income for the year ending December 31, except that for 8 the year 1913, the tax shall be computed only on that portion of the income accruing from March i to December 31, from which only five-sixths of the specific exemptions and deduc- tions may be deducted. The tax for only ten months of the present year is due to the fact that the XVI amendment to the Constitution granting Congress power to levy an income tax was not effective until the latter part of February, 1913. IX. STATEMENT OR "RETURN" OF INCOME: The return or statement of income, if it amounts to $3,000 or over must be made by March i in each year, to the col- lector of internal revenue for the district in which the in- dividual resides, or has his principal place of business. The return of a person residing in a foreign country must be made in the place where his principal business is carried on within the United States. The return must be made under oath or affirmation and the form will be prescribed by the Commis- sioner of Internal Revenue, with the approval of the Secretary of the Treasury. "If the collector or deputy collector have reason to believe that the amount of any income returned is understated, he shall give due notice to the person making the return to show cause why the amount of the return should not be increased, and upon proof of the amount understated may increase the same accordingly. If dissatisfied with the decision of the collector, such person may submit the case, with all the papers, to the Commissioner of Internal Revenue for his decision, and may furnish sworn testimony of witnesses to prove any relevant facts." In case of neglect or refusal to make returns, or in cases of fraudulent or false returns, upon discovery within three years after said return is due, the Commissioner of Internal Revenue shall make such return himself. Any party liable to make return who refuses or neglects to make a return of his income is liable to a penalty of not less than $20 nor more than $1,000, and in case of a frauluent return the guilty party shall be fined not exceeding $2,000 or be imprisoned not ex- ceeding one year, or both. The law also states that in the case of false or fraudulent returns the Commissioner of Internal Revenue shall add loo per centum to the tax and in the case of refusal or neglect 50 per centum. X. WHO ARE REQUIRED TO MAKE RETURNS: 1. Each person of lawful age, subject to the tax, having a net income of $3,000 or over for the taxable year. 2. Guardians, trustees, .^executors, administrators, agents, receivers, conservators, and all persons, corporations, or associations acting in any fidu- ciary capacity, shall make and render a return of the net income of the person for whom they act, subject to this tax, coming into their custody or control and management. Where there are two or more joint guardians, etc., only one of them need make the return, such return to be filed with the collector of the district where the party for whom he acts resides, or where the will or other instru- ment under which he acts is recorded. 3. All parties withholding the normal tax at the source as stated in Section XII of this synopsis must make a return, but separate and distinct, of the portion of the income of each person from whom the normal tax has been withheld, giving the name and address of such person so far as is known, but no return of income not exceeding $3,000 shall be required. XL WHO ARE NOT REQUIRED TO MAKE RETURNS : 1. Persons whose net income does not exceed $3,000. 2. Persons for whom return has been made unless there is other income. XII. COLLECTION AT THE SOURCE: If the income is fixed and determinable and exceeds $3,000 for any taxable year the normal tax of 1% is withheld at the source and paid to the Government: 10 "All persons, firms, copartnerships, companies, cor- porations, joint-stock companies or associations, and insurance companies, in whatever capacity acting, including lessees or mortgagors of real or personal property, trustees acting in any trust capacity, ex- ecutors, administrators, agents, receivers, conser- vators, employers, and all officers and employees of the United States having the control, receipt, custody, disposal, or payment of interest, rent, sal- aries, wages, premiums, annuities, compensation, remuneration, emoluments, or other fixed or de- terminable annual gains, profits, and income of another person, exceeding $3,000 for any taxable year, other than dividends on capital stock, or from the net earnings of corporations and joint-stock com- panies or associations subject to like tax, who are required to make and render a return in behalf of another, as provided herein, to the collector of his, her, or its district, are hereby authorized and required to deduct and withhold from such annual gains, proRts and income such sum as will be sufficient to pay the normal tax imposed thereon by this section, and shall pay to the officer of the United States Government authorized to receive the same; and they are each hereby made personally liable for such tax." The normal tax will not, however, be deducted at the source prior to November i, 1913. From the foregoing provision it will be seen that unless the annual income from a given source amounts to $3,000 there is no deduction for the normal tax. There are, how- ever, certain specified cases where it is deducted and with- held at the source even though the income does not amount to $3,000, and they are : z. Incomes derived from interest upon bonds, and mortgages, or deeds of trust, or other similar obligations of corporations, joint-stock companies or associations, and insurance companies, whether payable annually or at shorter or longer periods. 11 t 2. Incomes composed of coupons, checks or bills of exchange for or in payment of interest upon bonds of foreign countries and upon foreign mortgages or like obligations (not payable in the United States) 3. Incomes composed of coupons, checks, or bills of exchange for or in payment of any dividends upon the stock, or interest upon the obligations of foreign corporations, associations, and insurance companies engaged in business in foreign countries. Dealers in foreign exchange are to withhold the tax on the foreign payments coming through their hands and furthermore they are required under the law to obtain a license from the Commissioner of Internal Revenue. XIII. HOW EXEMPTIONS AND DEDUCTIONS ARE SECURED: In the case of the additional tax, where return of income is made, there is no trouble about securing the exemptions and deductions to which one is entitled. When it comes to the normal tax, however, withheld at the source, in order for the taxpayer to secure the specific exemptions allowed (Section VII of this synopsis) : — "He shall, not less than thirty days prior to the day on which the return of his income is due, file with the person who is required to withhold and pay tax for him, a signed notice in writing claiming the benefit of such exemption and thereupon no tax shall be withheld upon the amount of such exemption." "If any person for the purpose of obtaining any allowance or reduction by virtue of a claim for such exemption, either for himself or for any other person, knowingly makes any false statement or false or fraudulent representation, he shall be liable to a penalty of $300." If the taxpayer desires to secure any of the deductions enumerated in Section V of this synopsis to which he is entitled : — 12 "He shall, not less than thirty days prior to the day on which the return of his income is due, either file with the person who is required to withhold and pay tax for him a true and correct return of his annual gains, profits, and income from all other sources, and also the deductions asked for, and the showing thus made shall then become a part of the return to be made in his behalf by the person re- quired to withhold and pay the tax, or likewise make application for deductions to the collector of the dis- trict in which return is made or to be made for him ; Provided further, That if such person is a minor or an insane person, or is absent from the United States, or is unable owing to serious illness to make the return and application above provided for, the return and application may be made for him or her by the person required to withhold and pay the tax, he m.aking oath under the penalties of this Act that he has sufficient knowledge of the affairs and property of his beneficiary to enable him to make a full and complete return for him or her, and that the return and application made by him are full and complete." Where the individual has many sources of income he may choose the source from which he may claim his deductions and exemptions, but when deducted from one source they may not again be deducted from another source. In the event that the normal tax is not withheld at the source on a taxable income owing to the fact that it consists of an aggregation of sums, each amounting to less than $3,000, such incomes must be reported and the normal tax theron is then collected by direct assessment. In order to obtain the benefit of the specific exemption allowable in the case of incomes composed of interest on corporate obligations the Rules and Regulations of the Treas- ury Department require the American Citizen or resident alien bondholder, or his agent, to execute a certificate covering each separate issue of bonds in substantially the following form, 13 I I C, ' I which certificate is to accompany the coupons when presented for payment: I do solemnly declare that I, of the United States, and residing at of $ — - — bonds of the denomination a citizen or resident , am the owner of $^ — each, numbers of the (name of debtor) known as (particu- lar issue of bonds), from which were detached the accom- panying coupons, due 191 — , amoimting to $ — - — , or upon which there matured , 191 — , $ of registered interest. I do (do not) now claim with respect to the income rep- resented by said interest the benefit of a deduction of $ allowed under paragraph C, section II of the Federal in- come tax law. Date , 191—. Name . Addres s In the case of interest paid by check to a registered holder the above certificate duly executed must be filed with the debtor corporation at least five days before the due date of such interest (and not later than thirty days prior to March i). The tax will not, however, be withheld on coupons or registered interest maturing and payable before March i, 1913, although presented for payment at a later date. If the amount of income in question from a given source does not equal the exemption allowable, exemption is claimed on that amount only and the balance of exemption may be claimed from any other source. If the above certificate is not executed and presented the normal tax of i per cent, is withheld and the collecting agency executes a prescribed form in lieu thereof to be re- turned to the Government, the collecting agency requiring "the persons tendering such coupons or orders for registered interest to satisfactorily establish their identity." The normal tax on many bond issues will undoubtedly be borne by the corporations owing to the clause in their indentures guaranteeing the payment of interest without de- duction for any tax which they may be required to deduct therefrom. When the normal tax is withheld by foreign exchange dealers such deduction will be duly stamped on the instru- ment representing the payment of the income. If exemptions are to be secured from this quarter the certificate above given must be executed. 14 i i Where coupons or interest orders, presented for payment, represent the interest on bonds, or other similar obligations, owned by a partnership, they shall be accompanied by a certi- ficate of ownership, which shall be signed either in the firm's name by one member of the firm or by each individual member of the partnership, and the normal tax shall be withheld by the debtor with respect to the income represented by said interest. The following certificate should be used when coupons or interest orders are presented by citizens or residents of the United States for collection of interest on bonds, or other similar obligations, owned by the partnership of which they are members: of I, -, a member of the firm or partnership of and residing at (give full address) do solemnly declare that the said partnership is the owner of $ bonds of the denomination of $-— — each, Nos. of the (give name of debtor) known as (describe the particular issue of bonds) from which were detached the accompanying interest coupons, due 191 — f amounting to $ — , or upon which there matured 191—, $ of registered interest, and that the name and address of said firm or partnership, and the names of the individual members thereof, and their places of resi- dence, are as follows: Names of partners: ■ ■ Address : Name of partner signing: Of firm of: . Address: — — ^— Date 191—. Any member of a partnership, who is entitled to a de- duction (under Paragraph C, Section II, of the Income Tax Law) of his pro rata share of the tax which may be withheld at the source on interest on bonds owned by his copartnership, as above, may claim such deduction or allowance when he shall make his individual income tax return for the year in which said deduction at the source was made. Non-resident foreigners owning interest bearing bonds are not subject to taxation on income from such bonds if proper certificate is furnished. This tax will not be deducted from the income which may be derived from interest on bonds, mortgages, equipment trusts, receivers' certificates or other similar obligations of IS which the bona fide owners are citizens of foreign countries, residing in foreign countries, provided that such interest coupons or, in case of wholly registered bonds, the orders for the payment of such interest shall be accompanied by duly certified certificates, hereinafter provided for, to cover the cases of foreign and non-resident owners of bonds and other securities. Unless such proof of foreign ownership is duly furnished the normal tax of i per cent, shall be deducted as herein pro- vided. Such certificates shall be in substantially the following form: I do solemnly declare that I am not a citizen or resident of the United States of America, but a subject (or citizen) of and that I am the owner of $— — bonds of the denomination of $ — ■ each, numbers , of the (give name of debtor corporation), known as (de- scribe the particular issue of bonds) bonds, from which were detached the accompanying coupons, due 191 — , amounting to $ — , or upon which there matured , 19l— , $-_ of registered interest, and that being a non- resident foreigner I am exempt from the income tax im- posed on such interest by the United States Government under the law enacted October 3, 1913. and that no citizen of the United States, wherever residing, or foreigner resid- ing in the United States or any of its possessions, has any interest in said bonds, coupons or interest. Signature of owner of bonds . Address . Date , 191—. XIV. ASSESSMENT AND PAYMENT OF TAX: All persons shall be notified of the amount for which they are respectively liable on or before June i of each year, and the tax must be paid on or before June 30. "To any sum or sums due and unpaid after the thirtieth day of June in any year, and for ten days after notice and demand thereof by the collector, there shall be added the sum of 5 per centum on the amount of tax unpaid, and interest at the rate of i per centum per month upon said tax from the time the same became due, except from the estates of insane, deceased, or insolvent persons." > k COLUMBIA UNIVERSITY LIBRARIES This book is due on the date Indicated below, or at the expiration of a definite period after the date of borrowing, as provided by the rules of the Library or by special arrange- ment with the Librarian in charge. DATE BORROWED DATE DUE DATE BORROWED DATE DUE # i 1 ( ' C28(i141)miOO 1 ,\ r '1 ^ ii D491 Belmont, August & Co. The tax on your income B41 (Y)SH 0"XaS^ f^Y2 Sl9$4 COLUMBIA UNIVERSITY LIBRARIES 041417917 juN 30 \m '•-—*' w a|' W >-*i B:^t../.; .fc> •^y- END OF TITLE