Page images
PDF
EPUB
[blocks in formation]

16

61. Definitions.--

(a) First return-Taxable year-Income-tax taxable year.

(b) Original declared value. Original declared value... 63. Adjusted declared value.

16 16

CHAPTER VIII

EXEMPTIONS

20 22 23 23 23 24

24

71. Proof of exemption --
72. Labor, agricultural, and horticultural organizations.
73. Mutual savings banks..
74. Fraternal beneficiary societies..
75. Building and loan associations and cooperative banks..
76. Cemetery companies.--
77. Religious, charitable, scientific, literary, and educational organizations

and community chests...
78. Business leagues, chambers of commerce, real estate boards, and boards

of trade.-79. Civic leagues and local associations of employees. 80. Social clubs... 81. Local benevolent life insurance associations, mutual irrigation and

telephone companies, and like organizations. 82. Farmers' or other mutual hail, cyclone, casualty, or fire insurance

companies or associations... 83. Farmers' cooperative marketing and purchasing associations, and cor

porations organized to finance crop operations

25 25 26

26

26

27

[blocks in formation]

NOT DOING BUSINESS IN THE UNITED STATES-FOREIGN CORPORATIONS

90. Not doing business in the United States..

32

[blocks in formation]

RECORDS, STATEMENTS, AND SPECIAL RETURNS-EXAMINATION OF BOOKS AND

WITNESSES- LIMITATION ON ASSESSMENTS AND SUITS BY THE UNITED STATESREFUNDE-INTEREST ON REFUNDS AND CREDITS-TERMINATION OF THE CAPITAL STOCK TAX IMPOSED BY SECTION 215 OF THE NATIONAL INDUSTRIAL RECOVERY

ACT.

Page

Article
112. Termination of capital stock tax under section 215 of the National

Industrial Recovery Act-

44

AUTHORITY FOR REGULATIONS

113. Promulgation of regulations --

44

INTRODUCTORY

Section 701 of the Revenue Act of 1934 imposes a tax upon every domestic corporation with respect to carrying on or doing business for any part of each year ending June 30, beginning with the year ended June 30, 1934. This tax is measured by the adjusted declared value of its capital stock, and is imposed at the rate of $1 for each $1,000 of such value. The tax thus imposed takes the place of, and is similar in many respects to, the tax imposed by section 215 of the National Industrial Recovery Act (48 Stat. 195), but differs from it mainly in the method prescribed for determining the adjusted declared value for years subsequent to the first taxable year.

Just as was provided in section 215 of the National Industrial Recovery Act, a corporation in its first return for the first taxable year may assign any value it desires to its capital stock, but the attention of the corporation is directed to the fact that this value can not be changed and that it will serve as a basis in computing the excessprofits tax imposed by section 702 of the Revenue Act of 1934 and the capital stock tax imposed in subsequent years.

Section 701 of the Revenue Act of 1934 also imposes a tax on foreign corporations with respect to carrying on or doing business in the United States. This tax is measured by the adjusted declared value of the capital of the foreign corporation employed by it in the transaction of its business in the United States.

As in the case of domestic corporations, a foreign corporation may declare any value it wishes in its first return. This value is used as a base in computing the adjusted declared value for each subsequent year, and also serves as a factor in computing the excess-profits tax noted above.

The method of computing the present capital stock tax varies materially from the method prescribed by the Revenue Act of 1924. Under that Act the tax, which was payable in advance, was measured by the fair average value of the capital stock for the year immediately preceding the taxable year, and this value was determined each year, regardless of the value determined for the previous year. In the case of foreign corporations it was determined in like manner but was based on the capital employed in the corporation's business in the United States.

Certain applicable provisions of the internal revenue laws of particular importance will be found printed in the appropriate places in these regulations.

It must constantly be borne in mind that these regulations relate only to the tax imposed by section 701 of the Revenue Act of 1934. With respect to the tax imposed by section 215 of the National Industrial Recovery Act, consult Regulations 64, edition of 1933.

« PreviousContinue »