§ 3, Act 5, Nov. 25, 1884. $562, Vermont Statutes, 1894. $$ 5, 15, Act 3, Nov. 26, 1890. Such taxes, being payable one-half semiannually, are based upon the gross earnings during the six months terminating with the last day of December or June next preceding. If more than one road is operated by any corporation, etc., the tax assessed is to be rated according to the earnings per mile of each of said roads in the state, and separate returns are to be made for each road. This provision is not found in the law of 1890. § 17, Act 3, Nov. 26, 1890. $13, Act 1, Nov. 28.1882. $563, V. S., 1894. Act 3, 1890, provides that if the company, etc., elect to pay the grossearnings tax, it shall pay at the rate of two and one-half per cent on the gross earnings taxable. The rate, in case it pays the property tax, is seven-tenths of one per cent upon the appraised valuation. The commissioner must "forthwith notify such corporation or person of the amount of the appraisal and taxes assessed." 4. Payment of the Tar. The gross-earnings tax obtaining at the beginning of the decade is payable onehalf semiannually in the months of February and August. § 18, Act 3, Nov. 26, 1890. §8, Act 1, Nov. 28, 1882; § 8, Act 3, Act 3, 1890, providing for the alternative gross-earnings tax, provides that the company "shall make returns as provided for making returns in this chapter, and within thirty days thereafter forward to the state treasurer the amount of such two and one-half per cent for the period covered by said returns," hence the payment may be annual or semiannual. The property tax is payable to the state treasurer, one-half on or before the 15th day of November annually, and the other half on or before the 15th day of May annually. 5. Default of Payment. Failure to pay any annual or semiannual tax imposed by these acts within the Nov. 26, 1890; $time required renders the company subject to a forfeiture of one hundred dollars for each day's neglect. 553, V. S., 1894. $ 10, Act 1, Nov. 28, 1882. $555, V. S., 1894. And it is provided that “Taxes and penalties imposed by this act shall be recov ered with costs in an action of debt brought in the name of the state. The commissioner of state taxes shall cause such suits to be instituted within thirty days after default in making a return or paying a tax. The amount of penalties accrued up to the time of trial may be recovered in such suit. But if the commissioner is satisfied that default was owing to the failure to receive blanks or other unavoidable cause, he may remit the penalties accrued and extend the time for making a return or paying a tax not exceeding thirty days." $10. Act 3, Nov. 26, 1890. Act 3, 1890, amends the above slightly, providing that the action shall be returnable to any county court in the state, and that the suit shall be instituted within sixty days instead of thirty days after the default. 6. Remedies. There are no provisions for remedies under the law as operative at the beginning of the decade. But Act 3, 1890, provides that "If any party (including the state, represented by the state treasurer) is aggrieved in the premises, he or it may appeal to a commission consisting of the lieutenant-governor, the auditor of accounts, and the secretary of state, who shall be sworn $28, Act 3, Nov. 26, 1890. §1, Act 7, Nov. 28, 1894. to the faithful performance of their duties, and whose duties it shall II. LICENSE TAX ON CORPORATIONS. 1. Nature and Application. Statutes, 1894. Act 3, 1890, provides for an annual license tax on corporations. $575, Vermont Such tax was not existent previous thereto. It applies to all corporations organized under the laws of the state and is at a rate stated according to the amount of capital stock or deposit, but not exceeding a stated sum. It is payable to the state, and does not apply to corporations organized for charitable, literary, or religious purposes. Act 7, 1894, amends the above so as to make it apply to "every corporation organized and existing under the laws of any state or government other than the state of Vermont and doing business in this state, and every corporation organized under the laws of this state." 2. Assessment, Payment, and Default of Payment. The tax is ten dollars for every corporation whose capital stock or deposits is fifty thousand dollars or less, and five dollars for each fifty thousand or fractional part thereof of capital stock or deposits in excess of fifty thousand dollars, but in no case may the tax be more than fifty dollars. Ibid. Ibid. 28, 1882; § 576, V. S., 1894. The tax is payable in February annually, to the state treasurer. In case the corporation neglects to pay such tax, the Commissioner $29, Act 1, Nov. of State Taxes must notify by mail the secretary or clerk of such corporation of its neglect in the payment thereof, and permit the same to pay said tax within thirty days after the mailing of such notice by paying the additional sum of one dollar. $29, Act 1, Nov. S, 1894. In case the company neglects to pay within such thirty days, the 28, 1882; 578, V. Commissioner of State Taxes must make complaint therefor to any chancellor in the state, and mail a copy of the complaint to the secretary or clerk of the corporation at least twelve days before hearing. "If upon the hearing before said chancellor it shall appear that said taxes are not paid, he shall declare said corporation dissolved, and the same shall thereupon be dissolved, and a record of such dissolution shall be made in the office of the secretary of state." C. TAXES ON SLEEPING-CAR AND SIMILAR COMPANIES. I. TAX ON STEAMBOAT, CAR, AND TRANSPORTATION COMPANIES." Act 1, 1882, provides that "Every steamboat, car, or transportation company incorporated under the laws of this state shall pay a tax to the state, which is hereby assessed at the rate of two per cent annually on the gross receipts of all their business. Such tax shall be payable one-half semiannually in the months of February and August, and shall be based upon the gross receipts of such business during the six months terminating with the last day of December or June next preceding." $25. Act 1, Nov. $572, Vermont Statutes, 1894. § 573, i l § 574, ibid. $569, ibid. § 570, ibid. $1, Art. X, Constitution of Virginia. § 4, ibid. § 25, Act 3, Nov. 26, 1890. § 26, ibid. § 27, ibid. § 22, ibid. § 23, ibid. Act 3, 1890, with regard to this tax reads: "Every steamboat, car, or transportation company incorporated under the laws of this state, shall pay an annual tax to the state on its property, business, and corporate franchise. Each such company shall make returns to the Commissioner of State Taxes as required by this act, who shall on such returns make an appraisal of the value of its property, business, and corporate franchise, and notify the company thereof immediately. "A tax of seven-tenths of one per cent is hereby assessed upon the appraisal provided in the preceding section against each company. Said tax shall be payable to the state treasurer, as provided in section fourteen for the payment of taxes by railroad companies. The same right of appeal shall be allowed as provided in the case of railroad companies in section sixteen. "The corporations specified in the preceding section may pay annually to the state in lieu of the tax assessed in said section, two per cent on the entire gross earnings of each said corporation, respectively: and shall make such election, returns, and payment at the time and in the manner specified in section eighteen of this act." (For sections 16 and 18 herein referred to, see "The Railroad Taxes" (I), above). II. TAX ON SLEEPING, PALACE, AND OTHER CAR COMPANIES. This tax is not existent at the beginning of the decade, but is imposed by Act 3, 1890. Said act provides that "Every corporation, joint-stock company, person, or persons owning or operating sleeping, palace, or other cars, for which extra compensation is charged for riding therein, over any of the railroad franchises in this state, shall make returns to the Commissioner of State Taxes as provided in this act, of the entire gross earnings of such cars received for business done within this state, including all sums paid for the use of such cars by the railroads in this state. Said returns shall be for the period of one year preceding the last day in June annually, except the returns to be made in September, 1891, which shall be for the period of six months terminating with the last day of June preceding. "An annual tax of five per cent is hereby assessed on the gross earnings received for business done wholly within this state by any corporation, company, person, or persons owning or operating any of the sleeping, palace, or other cars aforesaid; which said tax shall be paid to the state treasurer annually for the period of one year terminating with the last day of June preceding, as provided in section six.” VIRGINIA. A. GENERAL CONSIDERATIONS. I. CONSTITUTIONAL LIMITATIONS. "Taxation, except as hereinafter provided, whether imposed by the state, county, or corporate bodies, shall be equal and uniform, and all property, both real and personal, shall be taxed in proportion to its value, to be ascertained as prescribed by law. No one species of property, from which a tax may be collected, shall be taxed higher than any other species of property of equal value.” "The general assembly may levy a tax on incomes in excess of six hundred dollars per annum and upon the following licenses, viz: the sale of ardent spirits, theatrical and circus companies, menageries, jugglers, itinerant peddlers, and all other shows and exhibitions for which an entrance fee is required; commission merchants, persons selling by sample, brokers and pawnbrokers, and all other business which can not be reached by the ad valorem system. The capital invested in all business operations shall be assessed and taxed as other property. Assessments upon all stock shall be according to the market value thereof." II. GENERAL STATEMENT: SYSTEM AND DEVELOPMENT FROM 1890 TO 1900. Specific provision for railroad assessment and taxation was made by Act 450, March 15, 1884. This act provided that all railroad property should be assessed by the board of public works of the state, and stated the rates at which it should be taxed for state and public school purposes. And it incidentally provided for the payment of an annual income tax to the state, stating the rate, but providing no machinery of assessment, etc., other than that given for the property tax. This act was amended by Act 244, March 6, 1890, and Act 254, February 16, 1892, in the matter of the returns to the auditor of public accounts. The latter act further amends in that it makes specific provision for the assessment of railroads owned by mining, lumber, and like companies and provides, what the act of 1890 did not provide, that the board of public works shall certify to the board of supervision of any county of the state in which the railroad property may be located, its amount, location, and value for taxation. Act 76, January 20, 1898, among several amendments of detail, changes slightly the provision concerning returns and renders more specific that concerning certification of property and valuation by the board of public works to the county boards of supervisors. Act 450, March 15, 1884, makes provision for the taxation of sleeping-car companies very similar to that for railroad companies, provides for assessment by the board of public works, for state and public school taxes on property at a stated rate, and for a state tax on income at a stated rate. Act 244, March 6, 1890, reenacts its provisions. Act 535, March 1, 1892, provides for a tax on the proportion of the capital stock of Pullman sleeping, palace, or dining-car companies, which is invested or used in the state. B. THE RAILROAD TAXES. I. THE STATE AND SCHOOL TAX ON PROPERTY AND STATE TAX ON INCOME. 1. Nature and Application. Act 450, 1884, is a general revenue law. It particularly provides, however, for general railroad taxation, the basis of which is the general property of the railroad. This property is taxed for both state and local purposes. The law applies to all railroads in the state. Also, it provides for a tax on the net incomes of railroads, payable to the state for state purposes. As there are no peculiar provisions concerning assessment, etc., in this income tax, and the tax is merely incidental to the general property tax, it is treated in connection with the same. 2. Assessment. To aid such The assessment is made by the board of public works of the state. board in performing this function, it is provided that "every railroad and canal company not exempted from taxation by virtue of its charter" must report to the auditor of public accounts. Such reports must be made annually, on the 1st day of June and must be of all the company's "real and personal property of every description as of the first day of February of each year, showing particularly in what county or corporation such property is located, and classifying the same under § 19, Act 450, Mar. 15, 1884. $ 19, Act. 450, Mar. 15, 1884. * * * the following heads: first, roadway and track; second, depots, depot grounds and Act 244, Mar. 6, 1890. Act 254, Feb. 16, 1892. Act 76, Jan. 20, 1898. * * * * * Act 244, 1890, also provides that "stocks, bonds, and other evidence of debt of other corporations and individuals and firms held by such company" shall be included in the return. Act 254, 1892, further amending, provides that such reports shall be made by "every railroad and canal company of this state not exempted from taxation by virtue of its charter, and every railroad and canal company incorporated under the laws of any other state doing business in this state." This act further requires that the report shall show in what county or corporation the principal office or agency of such company is located in this state. And the fourth item of the return adds depots and other office furniture, and equipments, and contains the following; "provided, that the rolling stock of foreign corporations doing business in this state shall be assessed on the average amount of such property habitually used in this state." It substitutes for the short seventh item of the act of 1890, which relates to stocks and bonds, the following: "Stocks, bonds, and other evidences of debt of any person, firm, or corporation, belonging to any such company, chartered in this state, in excess of its indebtedness, whether the same be held in trust, or otherwise, by some other person, firm, or corporation, within or without this state, which, for the purposes of this act, shall be considered to be at the principal office of such company in this state." And it contains a ninth item, to-wit: "All other personal property of such company not enumerated in either of the foregoing heads, which would be taxable under this act if the same belonged to an individual." Act 76, 1898, in further amendment, makes but one change, in providing that the report shall show "what part of such property is located in each school district of such county." Act 450, 1884, remaining unchanged in this respect, provides that the auditor of public accounts shall lay the report before the board of public works when received. It is provided that in case the company fail to make the report (and pay the tax) as provided, it shall be "immediately assessed, under the direction of the auditor of public accounts, by any person appointed by him for this purpose, rating their real estate and rolling stock at twenty thousand dollars per mile." Act 254, Feb. 16, 1892. Act 254, 1892, amending the above, contains the matter therein set forth, but adds: "and assessing a fair cash valuation of all their other property upon his own view or upon such information as he may obtain or possess." |