The Portland daily press., 1898-07-19
STAMP TAX DECISION.
Commissioner Scott Issues an Important
Digest.

Commissioner Scott has issued an i'm
portant digest of decisions, which he ha s
recently rendered under the war revenue
stamp bill. The answers not only give
the affirmative decisions, but many
negative, with their reasons.
Here are some which are of general in
terest:
A person has to place stamp on an
order for cash drawn on q merchant by
one of his customers.
Certificates of deposit drawing interest,
if left certain time, are taxable the
same as promissory notes.
The withdrawal of funds by depositor
on the presentation of his deposit book at
the savings bank does not require
stamp If there is nothing accompanying
it in the shape of an order for money.
Receipts given for the withdrawal of
avs ngs &C counts do not require stamp.
Real estate mortgage notes require to
be stamped in addition to the stamp placed
on the mortgage.
In cases of loans on real estate, where
paid at maturity, but on which an extern
sion of time is granted, without the
taking of new note, it is held that
every such extension is renewal of the
note within the meaning of the statute,
and that the requisite stamp must be affix-
! ed for every such renewal or extension.
| All checks drawn by officers Of States,
i:countiss and municipalities for the dis.
! charge Of the obligations of the States,
counties and municipalities are exempt
| from stamp taxes
| The person who signs ana issues bank
check without atfixing the proper stamp
becomes involved in liability unless it is
shown that he had no design to evade the
| payment of the stamp tax, and that the
stamp was affixed and cancelled at the
bank before payment.
| bank may remedy the defect of an
unstamped check by affixing the stamp
itself; otherwise 1T becomes liable to the
penalty under the law.
| Bucket shop proprietors giving memo
randa of transactions are requird to pay
! special tax as brokers.
| The exception granted to cooperative
building and loan associations is confined
to the stock and bonds issued by the
associations, and does not relieve them
from other stamp taxes.
The ordinary notary's surat is not
required to be signed.
| Certificates of death, marriage and
birth given in pursuance of the laws of
the State. requiring the collection of
vital statistics as basis of the admins
tration of the public health laws, come
| within the exemption of sect. II.
The term, certificates of any descrip-
ton not otherwise specified in this act but
which are required by law" has cansed
more inquiries than any other one matter.
| 1t is ruled that in order to subject any
given certificate to tax it must be certi-
| ficate required by some municipal, State
| or national law. Certificates in the ex-
| ercise of State, municipal or govern
| mental functions are exempt but when
an officer gives q certificate on his own
private business 1T is subject to tax.
Baggage forwarded by railroad company
or express, subject to extra charges,
comes within the law requiring stamp
on bill of lading.
Deeds signed, acknowledged and fully
executed In June do not require stamp
even though delivered in July.
AS to mortgages. it is the general
principle that a mortgage is not valid
unless admitted to resigistration. No
mortgage should be admitted to regis
| ira ton without the proper stamp affixed.
A policy of insurance does not require
the stamp until it is issued or is offered
as an insurance policy. The local agent
can afhx the stamp when policy is pre-
sented to the customer just as well as the
general agent. A stamp must be attached
to premium notes as we'll as to polici IS.
Only purely cooperative or mutual fire
insurance companies carried on by the
members for the protection of their own
property and not for profit are exempt
from taxation. Assessment beneficiary
life associations insuring their own
members and not for profit come within
the exemption provision. Exemption
given to fraternal beneficiary life associa-
lions applies also to fraternal beneficiary
accident associations.
An original lease requires a stamp. No
stamp is required for copies of the lease
issued at the same time as the lease.
Reports of earnings and dividends do
not require stamps
Bonds given by persons appointed by
the Court, such as guardians, receivers,
assignees, executors, are taxable.
. There is no tax on the bill of sale of a
vessel.
In regard to the cancellation of stamps,
which is required by law, it is held that
cancellation by initials and the date is
sufficient. This cancellation may be by
writing or imprinting with q hand
stamp. Old stamps issued under repealed
acts cannot be used in lieu of stamps re-
quired by the present law.
THEY STILL WANT WAR.
Madrid, July 1S-(Noon)-Th defence
hpt n u,J,