Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-07-06
TAX BOARD TO ASSESS BANKS
Attorney General Submits Ruling for
Tax Commission.
RIGHT OF Commission is CLEAR.
Language Of Act Requires State Tax
Commission Board to Assess Banks
County Boards Of Equalization
Have Nothing to do With the Mat

w. Jones, chairman of the state tax
commission, Attorney General Peoples
last week handed down the following
opinion regarding the right OF the
commission to assess the banks and
other corporations for taxation:
II am in receipt Of yours Of the 26th
inst, in the matter Of the assessment
of banks for the year 1915, in which
you ask whether or not the banks oil
this state are to be assessed for taxa
ton for the year commencing jan
uary /, 1915, by the state tax commits
sion under sub division 16 Of section 3
of the act creating the commission, or
by the county auditors and county
boards of assessors under civil code
Of 1912, sections 345, 423 and 427.
You state in your communication
that before the local board Of asses
sors acted on the returns Of banks.
upon it's organization in March the
state tax commission notified the
county auditors Of the state to require
the banking corporations to give the
itemized information required by the
bank tax returns heretofore used, and
if such information was not furnished
to return the tax returns to the banks
for correction. The commission in
structed the county auditors to place
the returns made by the banks before
the county boards Of equalization and
if the boards should increase the val
uations then to give notice to the cor
poration Of the amount Of the in
crease and have a time set to hear
their protests or appeal.
THE banks contend that the COM
mission has nothing to do with the
assessment Of the banks and that the
action of the county boards fixing
such assessment is final and not re-
viewable by this commission. You ask
If the assessment so made by the
county boards and county auditors
govern for the year 1915, or has the
tax commission the power to review
the action Of the county auditors and
county boards in the matter Of as
sessment Of banks, or to make such
assessments so as to equalize the as
sessment on them this year.
"The act creating the South Caro-
lima tax commission, approved Febru-
airy 20, 1915, repealed all acts or parts
of acts inconsistent Herewith and
went into effect Immediately upon its
approval. Section Of this act, among
other things, provides that the COM
mission shall have power to make all
needed rules not inconsistent with
law for the orderly and methodical
performance Of it's duties and for
conducting hearings, appeals and other
proceedings before it.
1.-The act further provides, in sub
divisions and Of section 8, that the
said commission shall have and eXer-
else general supervision over the ad-
ministration Of the assessment and tax
laws of this state; over all boards Of
assessors and equalization, and all 9TH
er assessing officers in the perform
ance Of their duties to the end that all
assessments Of property be made rela-
lively just and equal in compliance
with the laws Of this state; to prepare
suitable forms for the listing Of prop
erty each year and to arrange and
classify the items Of all property in
such groups and classes, and from
time to time change and separate or
consolidate the same as it may deem
advisable for securing more accurate
information concerning, and a more
perfect listing and valuation Of, all
property Of the state; to confer with,
equalization as to their duties under
the laws Of this state, and to that
end call meetings Of all assessors in
each county, to be held at the county
convenient, or at the capital, for the
purpose Of necessary instruction from
the commission as to the law govern
ing the assessment and taxation Of
all classes of property, and to formu-
late and prescribe rules to govern
such assessors and boards Of equal
ization in the discharge Of their duties,
which rules shall be obeyed and car
red out by such assessors and boards
Of equalization Under these por
tions Of the act quoted the tax COM
mission was clearly within its rights
and authority, i'm my opinion, in pre-
scribing the rules referred to in your
communication.
The act further provides, in sub
division 16 of section 8, that the COM
mission shall also assess and equaliZe
taxable values upon the property and
franchises Of railroads. ETC., banks and
banking corporations, etc. The Ian
guage Of the act just quoted does not
only to my mind clearly give to the
tax commission the right to fix the as
sessment of banks and banking cor
porations for the year 1915, but makes
it the duty of the commission to do
So
1.-The assessed valuations of prop
erty generally is not fixed by the re-
turns made to the auditor or by the
assessments made by the township
boards, but valuations Of property for
ia yation are such as are fixed by the
county boards of equalization, section
42S Of the code of 1912. providing that
such valuations are required to be
adopted by the county auditor for the
purpose of taxation for the ensuing
year and are required to be permanent
ly entered of record by him upon the
tax books Of his county.
Before the passage Of the tax COM
mission act the county boards of
equalization were charged, in my
opinion, with the equalization Of the
property Of banks and banking cor
porations, along with the other real
and personal property situate in their
respective counties and they were re-
quired by statute to meet on the 4th
Tuesday in March for the performance
of the duties devolved upon them by
law. The time provided for their
a.rs.N