APPENDIX F TABLE OF ADDITIONAL TAXES (SURTAXES) IMPOSED UPON INDIVIDUALS BY INCOME TAX ACT OF OCTOBER 3, 1913 (“Tariff Act”) 1 Upon the amount by which the total net income exceeds: 1 For present application of surtaxes under this law, see "Dividends," page 23. APPENDIX G NEW YORK STATE INCOME TAX ON MANUFACTURING AND MERCANTILE CORPORATIONS ENACTED JUNE 4, 1917 AN ACT TO AMEND THE TAX LAW, IN RELATION TO A FRANCHISE TAX ON MANUFACTURING AND MERCANTILE CORPORATIONS, AND MAKING APPROPRIATIONS FOR ADMINISTRATION EXPENSES. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter sixty-two of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," is hereby amended by inserting therein a new article, to be article nine-a, to read as follows: ARTICLE 9-A FRANCHISE TAX ON MANUFACTURING AND MERCANTILE CORPORATIONS Sec. 208. Definitions. 209. Franchise tax on corporations based on net income. 210. Corporations exempt from article. 211. Reports of corporations to tax commission. 212. Reports by corporation on basis of fiscal year. 213. Reports to be sworn to; forms. 214. Computation of tax. 215. Rate of tax. 216. Penalty for failure to report. 217. Powers of tax commission. 218. Revision and readjustment of accounts by tax commission. 219a. Audit and statement of tax. 219b. Notice of tax. 219c. When tax payable. 219d. Corrections and changes. 219e. Warrant for the collection of taxes. 219f. Action for recovery of taxes; forfeiture of charter by delinquent corporations. 219g. Deposit of revenues collected. 219h. Disposition of revenues collected. Sec. 2191. Secrecy required of officials; penalty for violation. 219j. Manufacturing and mercantile corporations exempt from personal property tax and from the provisions of sections twelve, twenty-seven, one hundred and eighty-two and one hundred and ninety-two of the tax law. 219k. Limitation of time. § 208. DEFINITIONS. As used in this article. 1. The term "corporation" includes a joint-stock company or association; 2. The words "tangible personal property" shall be taken to mean corporeal personal property, such as machinery, tools, implements, goods, wares and merchandise, and shall not be taken to mean money, deposits in bank, shares of stock, bonds, notes, credits or evidences of an interest in property and evidences of debt; 3. The term "manufacturing corporation" means a corporation principally engaged in the business of manufacturing tangible personal property for itself or for others; 4. The term "mercantile corporation" means a corporation principally engaged in the business of buying or selling tangible personal property for itself or for others. § 209. FRANCHISE TAX ON CORPORATIONS BASED ON NET INCOME. For the privilege of exercising its franchises in this state in a corporate or organized capacity every domestic manufacturing and every domestic mercantile corporation, and for the privilege of doing business in this state, every foreign manufacturing and every foreign mercantile corporation, except corporations specified in the next section, shall annually pay in advance for the year beginning November first next preceding an annual franchise tax, to be computed by the tax commission upon the basis of its net income for its fiscal or the calendar year next preceding, as hereinafter provided, upon which income such corporation is required to pay a tax to the United States. § 210. CORPORAtions Exempt FROM ARTICLE. Corporations liable to a tax under section one hundred and eighty-four of this chapter, corporations owning or operating elevated railroads or surface railroads not operated by steam, or formed for supplying water or gas or for electric or steam heating, lighting or power purposes and liable to a tax under sections one hundred and eighty-five and one hundred and eighty-six of this chapter, shall be exempt from the payment of the taxes prescribed by this article. 8211. REPORTS OF CORPORATIONS TO TAX COMMISSION. Every corporation taxable under this article as well as foreign corporations having officers, agents or representatives within the state shall annually on or before July first transmit to the tax commission a report in the form prescribed by the tax commission specifying: 1. The name and location of the principal place of business of such corporation, the state under the laws of which organized, and the date thereof; the kind of business transacted. 2. The amount of its net income for its preceding fiscal or the preceding calendar year as shown in the last return of annual net income made by it to the United States treasury department. 3. The average monthly value for the fiscal or calendar year of its real property and tangible personal property in each city, village or portion of a town outside of a village within the state, and the average monthly value of all its real property and tangible personal property wherever located. 4. The average monthly value for the fiscal or calendar year of bills and accounts receivable for (a) tangible personal property sold from its stores or stocks within the state, (b) tangible personal property manufactured or shipped from within the state and (c) services performed within the state, and the average monthly total value for the fiscal or calendar year of bills and accounts receivable for (a) tangible personal property sold from its stores or stocks within and without the state, (b) tangible personal property manufactured or shipped from within the state and other states and countries, and (c) services performed both within and without the state. 5. The average total value for the fiscal or calendar year of the stock of other corporations owned by the corporation, and the proportion of the average value of the stock of such other corporations within the state of New York, as allocated pursuant to section two hundred and fourteen of this chapter. 6. If the corporation has no real or tangible personal property within the state, the city, village or portion of a town outside of a village in the state in which is located the office in which its principal financial concerns within the state are transacted. 7. Such other facts as the tax commission may require for the purpose of making the computation required by this article. 8. Any corporation taxable hereunder may omit from its report the statements required by subdivisions three to seven, both inclusive, by incorporating in its report a consent to be taxed upon its entire net income. § 212. REPORTS BY CORPORATION ON BASIS OF FISCAL YEAR. A corporation which reports to the United States treasury department on the basis of its fiscal year, may report to the tax commission upon the same basis. § 213. REPORTS TO BE SWORN TO; FORMS. Every report required by this article shall have annexed thereto the affidavit of the president, vice-president, secretary or treasurer of the corporation to the effect that the statements contained therein are true. Blank forms of report shall be furnished by the tax commission, on application, but failure to secure such a blank shall not release any corporation from the obligation of making a report herein required. The commission may require a further or supplemental report under this article to contain further information and data necessary for the computation of the tax herein provided. 8214. COMPUTATION OF TAX. If the entire business of the corporation be transacted within the state, the tax imposed by this article shall be based upon the entire net income of such corporation as returned to the United States treasury department for such fiscal or calendar year. If the entire business of such corporation be not transacted within the state, the tax imposed by this article shall be based upon a proportion of the net income, to be determined in accordance with the following rules: The proportion of the net income of the corporation upon which the tax under this article shall be based, shall be such portion of the entire net income as the aggregate of 1. The average monthly value of the real property and tangible personal property within the state, 2. The average monthly value of bills and accounts receivable for (a) tangible personal property sold from its stores or stocks within the state, (b) tangible personal property manufactured or shipped from within the state and (c) services performed within the state, 3. The proportion of the average value of the stocks of other corporations owned by the corporation, allocated to the state as provided by this section, Bears to the aggregate of 4. The average monthly value of all the real property and tangible personal property of the corporation, wherever located, 5. The average total value of bills and accounts receivable for (a) tangible personal property sold from its stores or stocks within and without the state, (b) tangible personal property manufactured or shipped from within this and other states and countries, and (c) services performed both within and without this state, 6. The average total value of the stocks of other corporations owned by the corporation. Real property and tangible personal property shall be taken at its actual value where located. The value of share stock of another corporation owned by a corporation liable hereunder shall for purposes of allocation of assets be apportioned in and out of the state in accordance with the value of the physical property in and out of the state representing such share stock. 215. RATE OF TAX. The tax imposed by this article shall be at the rate of three per centum of the net income of the corporation or portion thereof taxable within the state, determined as provided by this article. 216. PENALTY FOR FAILURE TO REPORT. Any corporation which fails to make any report required by this article shall be liable to a penalty of not more than five thousand dollars to be paid to the state, to be collected in a civil action, at the instance of the tax commission; and any officer of any such corporation who makes a fraudulent return or statement with intent to defeat or evade the payment of the taxes prescribed by this article shall be liable to a penalty of not more than one thousand dollars, to be collected in like manner. All moneys recovered as penalties, for a failure to report or for making fraudulent reports shall be paid to the state comptroller. § 217. POWERS OF TAX COMMISSION. The tax commission may for good cause shown extend the time within which any corporation is required to report by this article. If any report required by this article be not made as herein required, the tax commission is authorized to make an estimate of the net income of such corporation and of the amount of tax due under this article, from any information in its possession, and to order and state an account according to such estimate for the taxes, penalties and interest due the state from such corporation. If the tax imposed upon any corporation under this article is based upon an estimate as provided in this section, the tax commission shall notify such corporation of a time and place |