Duke University Libraries D03209639W TAX REGULATIONS AND INSTRUCTIONS UNDER THE AMEND MENT3 OF THE TAX LAWS MADE BY "AN ACT TO AMEND AN ACT FOR THE RELIEF OF TAX PAYERS," AND -'AN ACT TO INCREASE THE PAY OF SOLDIERS," BOTH AP- PROVED JUNE 10, 18G4; AND "AN ACT TO AMEND THE TAX LAWS,," APPROVED JUNE U, 1864.. C, S. TREASURY AGEiXCY, T Mabbuaix, Tkxa3, AUffiist 31, 18G4 G4. f 1. The value of the Tax ia Kiud to be assessed for 1864, is to be deducted from the tax on the value of propevty employed in agri- culture the same year. The value of the Tax in Kind is to be estio mated by the Tax in Kind officers, according to the schedule of prices fixed by the Commissioners of each State under the Impressment act ; and the value of the property employed in agriculture is to be assessed according to instructions given to tax officers. As the value of the Tax in Kind is only to be deducted after it shall be assessed and delivered to the Government, whether during the year or afterwards, and including the Bacon deliverable after the assessment of property employed in agri- culture, the collection of the five per cent tax on the value of such agri- cultural property, (not including the soldier's fund tar,) is suspended, until the value of the tithe for 1864 actually delivered can be ascertained ; and when so ascertained it is the duty of the Post Quartermaster to cer- tify, and of the District Collector to deduct from the assesament of the property, the value of the tithe tax, not exceeding five per cent. Any ballance of tax on agricultural property found due, may be paid as other taxes are payable in 1864, viz : In four per rout. Bonds or Certificates at par ; C. S. change notes, under $5, at p;ii- ; $5 notes at par until 30th of September, and at two-thirds afterwards until 3lst December, 1864 ; $10, $20, and $50 note^s, at two-thirds until SLsit of December, 1864. But on and after the Lst of January, 1865, no Treasury Notts, except change notes, and new issue notes, will be receivable. 2. When land iias been purcliasod since lst January 1862, by a rGfugee, driven from his home by the enemy, and ia iield and occu- pied i>v -^uch refugee for liis own nse and lor his own residence, its value will bu assessed on the basis of values in 1860. But if rented out, or resided upon or used by any other person than the refugee, it will be assessed at the price actually paid by tlie owner. 3. Paragraph III, of Article 27, of the " Additional Instruc- tions," dated March lst, 1864, is revoked, ajid the following substituted": " The assessor shall assess the tax upon the property and assets of Corporations, Associations, and Joint Stock Companies, of every description, (whether incorporated or not) in the same manner '*"'' *o the same extent as the propeit}' and aeseta of individuals. The tax oti such property and aeselB to be paid by such Corporations, Associations, and Companies. But no Bank or Bankinj^ coiVipaiiy shall be liable lf> be assessed, or to pay the tax upon dtpo^ils of rnonoy to the credit and subject to the checks of other?, or upon its own stock or shares. This exception however does not apply to stock, shares, or interests in any Corporation or Company, owned by another Corporation or Company. 4. Paragraph IV, of Article 27, of Instructions of March 1, 1864, is revoked and the following substituted : Upon the amount of all gold an! old for two of new issue, until December 31, 1864, and change notee under five dollars, and new issue notr«s at par. P . W . GRAY, A|;ei|t Treasury, T. M, AN ACT To raise money to increase tht Pay of Soldiers, The Congress of the Confederate States of America do Enact, That upon all subjects of taxation under existing tax laws, there shall be assessed and levied a tax equal to one fiftli of the amount of the present tax on the same subjects for the year eighteen hundred and sixty four, which tax shall be payable only in Confederate Treasury notes of the new issue, and shall be collected at the same times with the other taxes on the same subjects, under the laws now in force. Sec. 2. The money arising from the tax hereby imposed shall be appropriated, first to the payment of the increased compensation of the soldiers under the Act passed at the present session. Approved June 10, 1864. AW ACT To a?nend an Act entitled ''An Act )oi the relief of Tit P'lyv? in certain cdses,^' apprcved February 13, 1864. 'i'HE Congress OF THE Confederate States of America do Enact, That whenever slaves shall have been assessed, but between the time ol the assessment and the time fixed by law for the payment of the tax thereon, such slaves shall be lost to the owner by Ihe ircl of the. enemy, the said tax may be remitted in the manner pointed out by tbeisecoud section of the act entitled "an Act for the relief of tax payers in certain cases," approved February thirteenth eighteen hundred and sixty four. Approved June 10, 1864. >?o. 1 •^^^^^/(^ Richmond, June 24. 1864. Regulations hi relation to the receipt of fouti pbr cent, certificates and bonds Jrom agents who have funded the moneys of their princi'pals in their own names, to pay the taxes of principals. 1st. In any case where an agent or agents have funded the moneys of their principal or principals, in the 4 per cent. Bonds or Certificates issued under the Act of Feb- ruary 17, 1864, for the purpose of paying the taxes of said principal, District Collectors of taxes are authorized to receive such Certificates or Bonds in payment of all taxes, (except the tax to increase the pay of soldiers and the taxes payable in specie or Confederate States Treasury notes, at the rate fixed by regulations of June 22d, 1864,) due, and payable prior to the first day of January, 1865, upon affidavit being made of the facts of the case ; and such certificates or bonds shall, bear evidence of said aflidavit, and the usual transfer made in the name of said agent ov agents upon their face. 2nd. When an agent or agents have thus deposited the moneys of several principals, and taken only one certifi- cate or bond — and the facts are set forth in the manner above prescribed — District Collectors are authorized to receive the same from said agent or agents, and to apply the same to the discharge of the taxes due by the several parties whose names are mentioned as principals in the affidavit taken, as before mentioned. (Signed) J. W. H. UNDERWOOD, (Signed) AppDVMi : Acting Comnu-xs-inne' C. G. MEMMlNGEli, Sec't/ of Ti-easury -w.«n9'^/^i 5G [Annex to pamphlet of C. S. Tax Acts. J OFFICE COMMISSIONER OF TAXES, Richmond, June 24, 1864. REGUL^TIOISrS In Relation to the Receipt of Four per Cent. Certificates and Bonds from Agents who have funded the Moneys of their Principals in their own Names, to pay the Taxes of Prin- cipals. 1. In any catie where an Agent or Agents have funded the moneys of their Principal or Principals, in the 4 per cent. Bonds or Certilicates issued under the Act of February 17th, 1>^64, for the purpose of payinjj the taxes of said Principal or PrinciiKiis, District Collectors of taxes are autiiorizod to receive such Certifi- cates or Honds, in payment of all taxes (except the tax to increase the pay of soldiers and the taxes payable in specie, or Confederate States Treasuiy note's at the rate fixed by regulations) due, and payable prior to the first day of .January, 1865, upon affidavit being made of the facts of the case; and such Certificates or Bonds shall bear evidence of said affidavit, and the usual transfer made in the name of said Agent or Agents upon their face. 2. When an Agent or Agents liave thus deposited the moneys of several Prin- cipals, and taken only one (,'ertificate or Bond — and the farts are set forth in the manner above prescribed — District Collectors are authorized to receive the same from said Agent or Agents, and to apply the same to the discharge of the taxes due by the several parties whose names are mentioned as J'rincipals in the affida- vit taken as before mentioned. (^Sigued) .J. W. II. UNDERWOOD, Acting Commissioner. Approved. (S gned) C. G. MEMMINGER, Secretary of Treasury. Treasury -A^gency. TRANS-MISSISSIPPI DEPARTMENT, ) Marshall, October 17, 1864. ) The above Regulations, recently received, will be observed in the Trans-Mis- sissippi States; and also, the following additional Regulations : 1. When the Wives or other persons acting as Agents for Soldiers absent in the army, have deposited moneys for the purpose of paying their taxes, and re- ceived Certificates therefor in tiie name of the Principals, upon the facts being stated in an affidavit on, or annexed to, the Certificates, the District Collectors may receive the same for the taxes (with the exceptions before stated) of such Principals, upon transfer of the Certificates by the person so acting as Agent, and signing the transfer as such. 2. Certificates maj' be received for the taxes, (with the exceptions as before stated,) of any number of persons designated, whose respective taxes are less than $100; and Collectors are authorized to give change in Treasury notes of old issues for fractional amounts, under $100. P. W. GRAY, Agent Treasury, T. M. Received at Shrevepovt, October 18, 1864. ROBT. M. LUSHER, State Collector for Louisiana. ^'i ) In reference to Four Per Cent. Certificates injbrmally assigned, which have been received in payment of Taxes. TREASURY DEPARTMENT, Richmond, July 27, 1864. It bavini; been represented to the Department that large num- bers of 4 per ceat. certificates have been received by Tux Collectors in payment of taxes, the assignments of which are not in strict accordance with the instructions insued by the Corainissioner of Taxes, and approved by this Department, on the 3Gth of April, 1864, and in consequence of such informality, Depositaries have refused to receive them from State Collectors — and, inasmuch as the promulgation of said instructions was greatly retarded in con» sequence of military operations around Richmond, and the conse- quent interruption of mail communication, and. as in the due per- formance of their official duties, they received in good faith, such certificates before they were informed of the requirements em- braced in said instructions, I have thought proper to issue the following instructions, which will be observed and carried out by the State Collectors, Treasurer, Assistant Treasurer, and Deposi- taries of the Confederate States : 1. In all cases where such informally assigned four per cent. certificates have boon received in good faith by any district col- lector, in payment of taxes, before the regulations of 30th of April came to the hands or knowledge of such collector, the State Col- lector, uffon being furnished with satisfactory evidence of the facts, shall endorse his certificate upon the back of such four per cent, certificate, or upon some paper attached thereto, certifying that ho believes the same is genuine, and was received in good faith from the rightful owner in payment of taxes. 2. The Treasurer, Assistant Treasurer, and Depositaries of the Confederate States, are directed to receive from such State Col- lector such certificates so endorsed or certified in discharge of hia obligations to the Government on account of taxes collected by him, and to issue the usual receipt or certificate of deposit therefor. (Signed) G. A. TRENHOLM, Secretary of the Treasury. ^>^€N*-> ??0 .5 REGULATIONS AND INSTRUCTIONS More accurately defining the intent and meaning of Paragraph I Section 1 of the Act to am^d the Tax Laws, approved 14th June, 1864. • " . ^ff«^ ^^0mm$$mit of ^^0X6$^ Richmond, August 12, 1864. In order that local uix officers may have a uniform rule for their action in asEessing " property employed in agriculture," and iu order that the assessments may be equal and uniform, the fol- U>wing regulations and instructions are issued : ' 1. Land rented, and slave,-- hired, though employed in agricul- ture, shall not be bo returned and assessed, idasmuck as the tax on ^uch land and slaves cannot be entitled to a credit on account of the tithe paid. The landlord, and not the tenant, is chargeable i»sth the tax on the land, and he is not entitled to be credited with the value of the tithe, because he does not pay the tithe. The t'sant is not entitled to the credit, because he does not pay the U\x on the land. The same rule will apply to slaves hired out aad employed in agriculture. 2. The words " employed iu agriculture," include land actually cultivated tliis jear, such meadow and pasture lond^as is enclosed, atid such wood land as is used in connection with the above de- ('i.ribed lands, not to exceed one-third of the same, except in cases where the fencing has been destroyed by the enemy or the Confed- erate forces, in which cases the land is to be regarded as being "oiployed in agriculture if it was so employed before such de- ■ iiruction. i. The words " employed iu agriculture" do not include land used in the production of crops not liable to the tithe, or any unen- closed cltiared land, except where the fencing has been destroyed Hd stated under Article 2d of these instructions, nor timbered land i;>wi>unoH Eegnlations and Instructions, more accurately defining the in- tent and meaning of Paragraph I, Section I, of the Act to amend the Tax laws, approved 14th June, 1864. OFFICE OF COMMISSIONER OF TAXES, { Richmond, August 12th, 1864. | In order that local tax officers may have a uniform rule for their action in assessing "property in agriculture," and in order that the assessment may be equal a:id uniform, the following regulations and instructions are issued: I. Land rented, and slaves hired, though employed in agriculture, shall not be so returned and assessed, inasmuch as the tax ou such laud aud slaves, cannot be entitled to a credit on account of lithe paid. The landlord, and not the tenant, is chargeable with the ta.K on the laud, and he is not entitled to be credited with the value of the tithe, because he does not pay the tithe. The tenant is not entitled to the credit, because he does not pay the tax on the land. The same rule will apply to slaves hired out and employed in agriculture. II. The words, "employed in agriculture," include lands actually cultivated this year, such meadow and pastuie land as is enclosed, and such woodland as is used in cultivation with the above described lands, not to exceed one-third of the same, except in cases where the fencing htis been destroyed by the enemy or the Confederate forces, in which cases, the land is to be regarded as being employed in agriculture, if it was so employed before such destruction. III. The words "employed in agriculture," do not include land used in the production of crops not liable to the tithe, uor any unenclosed cleared land, except wliere the fencing h is been destroyed as stated under article 2, of these instruc- tions; nor timbered land exceeding one-third of the enclosed cleared land. IV. Slaves "employed in agriculture," should include all over twelve years of age, actually employed in cultivaiug crops liable to the tithe, and cooks exclu- sively employed cooking for such slaves. House and body servants, carriage drivers, slave mechanics, &c , shall not be assessed as employed in agriculture, except when partially so employed, when their value should be rateably appor- tioned. V. Only such horses, mules, and oxen as are actually emploj'ed in farming and plantation work, shall be assessed as "employed in agriculture." This ex- cludes carriage, riding, and other pleasure horses, race horses, and stallions, aud also stock cattle, brood mares, not worked, and colts. If work animals are par- tially employed in agriculture and parliallj' otherwise, their value shall be rate- ably apportioned, as in the case of slaves. [Signed,] THOMPSON ALLAN, Commissioner. Approved G. A. TRENHOLM, Secretary of the Treasury. C. S. TRE.\SURY AGENCY, t. M. D. ) M.^BSHALL, October 11th, 1864. f The above is a true copy of the original regulations recently communicated to' ihis agency from the ofBce of Commissioner of Taxes, Richmond, Va. P. W. GRAY, Agent Treasurv, T. M Received at Shreveport, October 12th, 1864. ROBT. M. LUSHER, State Collector, C. S. Tax, Louiswnv r?o. ^ TO COttECTORslNo'aSSESSOaS In Parishes which have been Overrun by the Public Enemy. The attention of Assessors should be carefully directed to the 4th Parasraph of the 5th Section of the Tax Act of February 17th, 1864, (page 3 of the pam- phlet of Acts.) I. Abandoned plantations and homesteads should be assessed on the same ba- sis as adjoining lands which have never been occupied, making; due increase for the improvements thereon at the time of the assessnient, but having regard, also, to the danger of their being destroyed, in consequence of the actual prox- imity of the enemy. II. On occupied plantations and homesteads exposed to raids by the enemy, the assessment should also be reduced below the ordinary market value of such property in 1S60, or its co.st in the first quarter of lsi;2, (before the capture of New Orleans,) in proportion to the damage to which the owner is liable, in con- sequence of the constant presence of the enemy within 10(i mile.s thereof, and the absence of an adequate Confederate force for the protection of the neighbor- hood from invasion. If the usual working lorce of a plantation has been recluced, or the "means of cultivating" it have otherwise been impaired, regard must be had, also, to these circumstance.s, and the assessment be made on a fair, equita- ble basis, which is neither oppressive to the citizen, nor prejudicial to the intent of the law. N. B. In every case in which the owner of property, or his duly authorized agent is present, his declaration, or oath, as to the ertint and value of the proper- ty, is the Assessor's iruide in arriving at a just assessment. See Section (i of Aa- gesmnent Ad. It is only when the owner neglects, or evades, the making of a full disclosure, or declines to swear or affirm to his return, that it is incumbent on the assessor to call in witnesses or referees, (Sec. .3ii, page 2,) or to make the assessment himself, in conformity to Section 10. The assessor should certainlv caution the appearer, when necessary, against a violation of the nth and 29th Sections of the Assessment Act; and hemay also confront him with documentary evidence, contradictory of his statements, pending the inqviry; but he has no right, without the consent of the owner, to increase or decrease, or in any way alter, a sworn return. The power to increase, or to "reexamine and equalize val- uations, as shall appear just and equitable," is vested exclusively in the District Collector; and this officer must conform strictly to the provisions of the 14th Section of the Assessment Act. III. It is desirable that, in each District, there should be as much uniformity as practicable, in assessments; but due regard must always be had to the quality and situation of property, and, in the case of lands, to their actual condition at the time of the assessment. Under the expression "Real Estate and Improye- ments," will be included all "Immovables, as defined in the laws of Louisiana {Civil Code, Arts. 4.^.t to 460.) ' IV. Movable property —including slaves, .stock, and .all effects which might. in the discretion of the owner, be removed beyond the enemy's reach, should be assessed at the usual market value, in coin, in times of peace; or, in the case of slaves, cotton, and tobacco, purchased since January 1st, 1862, at the price (in Confederate money) paid therefor. ROBT. M LUSHER, State Collector. Approved. P. W. GRAY, Agent Treasury, T. M. D.. CIRCULAR, AS TO PAYMENT OF TAXES, AFTER 1ST JANtJARY, J865._ C. S. TREASURY AGENCY, T. M., ) Marshall, Texas, Nov. 21, 1864. ) By Section 4, of the Currency Act, approved February IT, 1864, and Section 7, of the Amendatory Tax Act, approved Jnne 14, 1864, Treasury notes of the old issues are taxed one hundred ppr cent., (except notes under Five dollars) and will be no lon^-er receivable for taxes of any kind. The tax on sales for the qnarfer endinpr 31st December, 1864, will not. after that day. be received in notes of old issues. All dilis^ence should be used by Tax Officers , consistent with proper discharge of duty, to complete both the assessment and collection of taxes, in order that no tax payer may be precluded from paying; his taxes in notes of old currency at the rates prescribed. On and after the 1st of January 1865, the taxes due and payable in 1864, (except soldier's tax, and tax on coin,) will be payable in notes of new currency, or in Bonds, or certificates fcr Bonds, issued under act of nth February, 1864. The law allows the tax on coin, and other articles payable in specie, to be paid in Treasury notes at their equivalent value, to bo fixed by the Commissioner of Taxes. On and after the first of January, this value is fixed at Five dollars in Treasury notos for one in specie : and at that rate this tax will be received by Tax Collectors, \.* - < t^ *:*..<. i • . yA ■ The tax on coin, &c., if not paid in specie ; the income and salary tax due on Ist of January, 1865 ; and all taxes assessed for 1865, including' the occupation lax due on the 1st of January, will be payable in notes of the new currency. But as the Covernmcnt has been unable to provide these notes for exchange with the people who have made deposits, and hold certificates of Depositaries for exchanp^e of issues, it is hereby directed that the Tax Collectors, in each State west of the Mi.apispippi, may receive the certificates issued by Depositaries in their own State, in payment of taxes, at the value in new notes, and return them asa cash. The inconvenience in makinp" change cannot be wholly reniriiied. but \v some extent it may, by mnking' Exchange of Certificnies, and allowing; p«»rties holdin,£r Certificates for amounts greater than their own taxes, to use ihrm in payment of taxes of others. Tax Collectors will receive no Certificate issued by a Depositary in another State, and each Certificate received must be endorsed by the party pa.'yinpr it, who will be liable for its genuineness. Depositaries will receive these Certificates for exchange of issues, as casli.at the value in new currency, and will state the amount irt receipts given there fbrj((. Tbe^j^.^wn' '^'"'•tcr the amount in their accounts, ttnd TPti'.ru the certificates to the Au t- L-- 7t^^ > n REaUL-A^TIO^S AND INSTRUCTIONS IN REFERENCE TO THE RECEIPT OF FOUR PER CENT. CERTIFICATES, IN PAYMENT OF THE TAX ON COIN, MONEYS HELD ABROAD, &c OFFICE COMiMISSIONER OF TAXES, Richmond, November 1, 1864- 1. The Confederate State's District Qourt, having decided that *he four per cent, certificates are receivable in payment of the taj; on coin,' moneys held abroad, bills of exchange and foreign credits. District Collectors are directed to receive such certificates, T^hei-. tendered in payment of such taxes, at the same rates at whicL Confederate Treasury Notes are receivable under the provisions of article 4 of the Instructions of 22d June, 18G4, issued by this- office. That is, for the tax on gold coin, at the rate of eighteeB dollars of four per cent, certificates for one dollar in gold, and seventeen dollars in four per cent, certificates for one dollar vtk silver coin, moneys held abroad, bills of exchange drawn therefor^ and foreign credits. 2. In all cases where four per cent, certificates have been ten- \ dered in payment of the above named taxes and refused by th* ■J CoUectur, and the tax has been demanded and paid in currency of the new issue, the party so paying it may, at his option, deposit ^^^ J^ with the District Collector the amount in four per cent, certificates u f ' ^ •■■' i^ » properly assigned, and at the same time make affidavit before som« ferson competent to administer oaths, of the facts in the case ; which certificates and affidavit shall be transmitted by the District Collector to the State Collector for his opinion thereon. If the fiu!ts be established to the satisfaction of the State Collector, h*- shall refund the amount in new issue (without interference with iHe soldiers' fund) if he have it, and if not he shall procure tht- foods ae follows : The State Collector ehall endorse each certificate or some paper permanently attached to it, in the following manner: " I certify that the within (or attached), certificate was received from in lieu of so much tax wrongfully collected from him in currency of tho new issue and tliat the same has been exchanged for new ■ issue to reimburse him." He shall then present the certificate or ; oertificates so certified to the Treasurer, Assistant Troa.'3urer or ' T i Depositary with whom he is directed to deposit tax moneys, and it / shall be the duty of such Treasurer, Assistant Treasurer or De- positary, as the case may be, to receive the same and pay to the Collector the. amount thereof in currency of the new issue, and the Collector shall pay over the same to the tax-payer, taking hi.-- receipt therefor; which receipt shall explain the nature of the transaction. 3. When the tax has been wrongfully collected in coin, the ap- plication to refund and proof shall be made and submitted by ths District Collector, directly to the Secretary of the Treasury. (Signed.) ' THOMPSON ALLAN, Commissi&n&r of Taxes. "Approved : (Signed.) G. A. TRENH0LM, Be