Income Tax Information Rules and Regulations IV Compliments of TRUST DEPARTMENT iARRIS TRUST £r SAVINGS BANK Organized as N. W. Harris Co. 1882. Incorporated 1907 HARRIS TRUST BUILDING, CHICAGO Income Tax Information Rules and Regulations IV Compliments of TRUST DEPARTMENT Harris Trust &- savings Bank Organized as N. W. Harris &- Co. 1882. Incorporated 1907 HARRIS TRUST BUILDING, CHICAGO HARRIS TRUST &• SAVINGS BANK (7\ D. 1894) Income tax ruling as to how and by whom certificates of ownership may be signed in cases where bonds of corpora¬ tions, joint stock companies, or associations, and insur¬ ance companies are owned by nonres¬ ident aliens. Washington, D. C., Nov. 12, 1913. To Collectors of Internal Revenue : Coupons (or orders for registered in¬ terest) payable in the United States, repre¬ senting the interest on bonds owned by non-resident aliens, must be accompanied by the prescribed Certificate Form 1004, as per Treasury Regulations of October 25, 1913—but this certificate may be signed either by the owner himself (herself or themselves) or in behalf of the owner by a reputable bank or bankers, or other re¬ sponsible collecting agency, certifying to the ownership of the bonds and giving the name and address of the bona fide non¬ resident and alien owners, and when such Certificate is thus attached the normal tax of one per cent cn such coupons or interest orders need not be withheld at the source by the Debtor or collecting agency. Respectfully, W. H. OSBORN, Commissioner. Approved: W. G. McADOO, Secretary of the Treasury. ——-— ——.——-—--—--■ — M HARRIS TRUST SAVINGS BANK (T. D. 1897) Instructions to Collectors Relative to Corpora¬ tions, Joint-Stock Companies or Associa¬ tions, and Insurance Companies Mak¬ ing Return of Annual Net Income for Their Fiscal Years Instead of the Calendar Year . Washington, P. C., Nov. 14, 1913. To Collectors of Internal Revenue: The Federal income-tax law (section 2, act of Oct. 3, 1913) authorizes corpora¬ tions, joint-stock companies, etc., under certain conditions to make their returns on the basis of an established “fiscal year,” or consecutive 12-months’ period, which may be other than the calendar year. Pursuant to this provision, the following instructions are issued for the guidance of collectors and other interested parties: Any corporation, joint-stock company or association, or any insurance company, sub¬ ject to the tax imposed by this act, may, at its option, have the tax payable by it com¬ puted upon the basis of the net income re¬ ceived (accrued) from all sources during its fiscal year, provided that it shall desig¬ nate the last day of the month selected as the month in which its fiscal year shall close as the day of the closing of its fiscal year, and shall, not less than thirty days prior to the date upon which its annual return is to he filed, give notice, in writing, to the col¬ lector of internal revenue of the district in which its principal place of business is lo¬ cated, of the day it has thus designated as the closing of such fiscal year. In pursuance of this provision, a cor¬ poration or like organization subject to this tax may, for example, designate the 30th day of September as the day for the clos¬ ing of its fiscal year, whereupon its return of annual net income shall be filed with the collector of internal revenue of the district * in which its principal place of business is located not later than 60 days after the close of its said proposed fiscal year; that 3 HARRIS TRUST dr SAVINGS BANK is to say, on or before the 29th day of No¬ vember next succeeding. The date of the closing of the fiscal year having been designated, notice thereof must be given to the collector not less than thirty days prior to the last day of such sixty- day period. In the case just instanced, the notice must be given not later than Octo¬ ber 31. If such designation (Sept. 30, 1913), had been made and notice given, as hereinbefore indicated, as to the closing of the fiscal year 1913, the corporation would be authorized to make its return and have the tax payable by it computed upon the basis of the net income received (accrued) by it during the period from January 1 to September 30, 1913, both dates inclusive. In the absence of such designation and notice of the closing of the fiscal year cor¬ porations and like organizations subject to this tax will be required to make their re¬ turns and have the tax computed upon the basis of the net income for the calendar year. Collectors of internal revenue receiving notices of the selection and designation of the “fiscal years,” as above indicated, will make record of the same, recording (a) the name of the corporation or like organi¬ zation, ( b ) the date when the notice was given, (c) the day designated for the clos¬ ing of the fiscal year, and ( d ) the date when the return under such designation must be filed, which must be, as above stated, not later than the last day of the 60-day period next following the day designated as the close of the fiscal year. If it shall appear that for the current year the notice was given within the pre¬ scribed time—that is, within 30 days of the last day of the 60-day period—the 1913 return may be made as of the fiscal year so established; otherwise it will be made on the basis of the calendar year until such time as the designation shall be duly made and notice thereof properly given. The designation and notice can not be retroactive; that is to say, if a corporation 4 HAPvRJS TRUST 6- SAVINGS BANK now designates April 30, 1914, as the date of the closing of its fiscal year and gives notice of such designation, it would not be authorized to make a return for the 4 months ended April 30, 1913, and then for the fiscal year ended April 30, 1914, nor would it be authorized to make one return covering the entire 16 months ended April 30, 1914. In the case of such corporation the return for the current year must be made for the calendar year ended Decem¬ ber 31, 1913, and then assuming that desig¬ nation and notice had been properly made and given, it may make a return for the 4 months ended April 30, 1914, and there¬ after the return will be made on the basis of the fiscal year so established. In all cases where a fiscal year is not established as above prescribed returns must be made on the basis of the calendar year, in which case such returns must be filed on or before the 1st day of March next succeeding such calendar year. Such returns, for the period covered, must be true and accurate, definite and com¬ plete, and, in as far as consistent with the provisions of the law, must conform to the showing made by the books of the com¬ pany, and must be verified under oath or affirmation of its president or other principal officer, and its treasurer or assistant treas¬ urer; that is to say, by two different per¬ sons acting in the official capacity indicated. If it shall appear in any case that re¬ turns have been made to the collector on the basis of a fiscal year not designated as above indicated, the corporations making such returns will be advised that such re¬ turns can not be accepted, but must be made to cover the business of the calendar year. Returns made under this act and pur¬ suant to these instructions must be made on the new forms prescribed by this de¬ partment. The forms heretofore in use, under the special excise-tax law, can not be used for making returns for either the fiscal or cal¬ endar year 1913. 5 H A KM S TRUST 6- SAVINGS BANK If returns of such corporations as have properly established a fiscal year are due to be made before the new forms are avail¬ able, the collector will be authorized to grant an extension of time to such corpora¬ tions, not exceeding 30 days, for the filing of such returns, by which time the new forms prescribed will be available for dis¬ tribution. W. H. Osborn, Commissioner. Approved: W. G. McAdoo, Secretary of the Treasury. (T. D. 1901) Waiver Until March 31, 1914, of Treasury Requirements for the Filing in on Certi¬ ficates of the Numbers of the Bonds of Corporations, Etc., Upon the Interest From Which the Normal Income Tax of One Per Cent Is Required To be Deducted at the Source Under the Provisions of the Income Tax Law. Washington, D. C., Nov. 28, 1913. Notice is hereby given that the Treasury Regulations heretofore issued, which re¬ quire that the numbers of the bonds, or other like obligations of corporations, etc., from which interest coupons are detached, or upon which registered interest is to be paid, shall be filled in on the Certificates, are hereby waived, so far as the tilling in of the numbers of the bonds or other such obligations on the Certificate is concerned, until March 31, 1914. In all other respects, the Certificates re¬ ferred to must be filled in in accordance with the Treasury Regulations, before the coupons or orders for registered interest to which they may be attached shall be paid. W. H. Osborn, Commissioner of Internal Revenue. Approved: November 28, 1913. W. G. McAdoo, Secretary of the Treasury. 6 HAKKIS TRUST £r SAVINGS BANK (T D. 1902) Extension of Time for Use of Temporary Form 1005, From November 16, 1913, to Janu¬ ary 15, 1914, So Far as Foreign Holders of Coupons and In¬ terest Orders May Be Concerned. Washington, D. C., Nov. 28, 1913. The time for the use of Temporary Cer¬ tificate, Form 1005, shall be extended from November 16, 1913, to January 15, 1914, when signed by a person, firm or corpora¬ tion licensed under Paragraph E, of the In¬ come Tax Law, provided such form shall only be used in cases where the coupons to which it shall relate shall have been re¬ ceived by such licensed person, firm, or cor¬ poration from a foreign country. W. H. Osborn, Commissioner. Approved : November 28, 1913. W. G. McAdoo, Secretary of the Treasury. ( T. D. 1903) Regulations Permitting the Substitution, Under Certain Conditions, of the Certifi¬ cates of Banks, Bankers, or Other Collect¬ ing Agents, for the Certificates of the Owners Required To Be Attached to Interest Coupons When Presented for Collection, Under Income Tax Regulations of October 25, 1913, and Those Supplementary Thereto. Washington, D. C., Nov. 28, 1913. Treasury Regulations of October 25, 1913, and those supplementary thereto, re¬ quire that, under the conditions therein pre¬ scribed, there shall be attached to interest coupons, maturing on bonds and other sim¬ ilar obligations of corporations, etc., which may be presented for collection certain cer¬ tificates of ownership signed by the owners of the bonds from which the coupons were detached or by their duly authorized agents. 7 HARMS TRUST y SAVINGS BANK Notice is hereby given that responsible banks, bankers and collecting agents receiv¬ ing coupons for collection with the afore¬ said certificates of ownership attached, may either present the coupons with the at¬ tached certificates to the debtor or withhold¬ ing agent for collection, or, at the option of the collecting agent, the certificates above referred to may be detached from such cou¬ pons and forwarded direct to the Commis¬ sioner of Internal Revenue at Washington, D. C., as hereinafter set forth, provided, such bank, banker or collecting agent shall thereupon substitute for said owners’ cer¬ tificate and attach to said coupons, in lieu of said certificate of owner, a cer¬ tificate signed by said bank, banker or col¬ lecting agent, to whom said coupons may have been first presented for collection, in substantially the following form: Form 1000A FORM OF CERTIFICATE TO BE ATTACHED TO INTEREST COUPONS IN CASES WHERE THE COLLECTING AGENT’S CERTIFICATE IS SUBSTITUTED FOR THE CER¬ TIFICATE OF THE OWNERS. The owner’s certificate, of which the fol¬ lowing certificate is the counterpart, and bears the same number as this certificate, will be sent by the collecting agent direct to the Commissioner of Internal Revenue, at Washington, as prescribed by Regulations. No. I (we).do solemn- (Narae of collecting agent) ly declare that the owner of $. bonds of the. (Name of debtor organization) from which were detached the accompany¬ ing interest coupons due. (Maturity) 191. .., amounting to $. has filed with me (us) a duly executed cer¬ tificate filled up in accordance with Treas¬ ury Regulations of October 25, 1913, Form No., which certificate has been 8 HARRIS TRUST &» SAVINGS BANK indorsed by me (us) as follows : “Owner’s certificate No. .191...” (Name of collecting agency) and in which the said owner does claim, (does not) with respect to the income represented by said interest, the benefit of a reduction of $., allowed under Para¬ graph C, Section II, of the Federal Income Tax Law, the total exemption to which said owner now claims to be entitled thereun¬ der being $.. and I (we) do hereby promise and pledge myself to ( ourselves) forward the above described certificate exe¬ cuted by the owners as stated and dated, ., 191..., to the Commissioner of Internal Revenue, at Washington, D. C., not later than the 20th day of next month, in accordance with Treasury Regulations. (Signature of Collecting Agent) Address. Date.,191... The certificate of the owner, for which the foregoing certificate of the collecting agent may be thus substituted by the col¬ lecting agent first receiving said coupons for collection must be given the following en¬ dorsement by the collecting agents and should be made preferably with a rubber stamp: “Owner’s Certificate No. (Name of Collecting Agency) .191. (Give Date of Certificate) The counterpart of the within certifi¬ cate bearing like number was attached to the coupons within mentioned for delivery to the debtor or withholding agent, by whom the coupons are pay¬ able.” Certificates of owners for which collect¬ ing agents’ certificates are substituted must 9 HARRIS TRUST &■ SAVINGS BANK be forwarded to the Commissioner of In¬ ternal Revenue at Washington, D. C., by the collecting agency receiving them not later than the twentieth day of the month succeeding that in which said coupons were thus received for collection. All banks, bankers, or other collecting agents who may substitute their certificates for the certificates of owners under the foregoing plan will be required to keep a complete record of all such transactions and substitutions of certificates, showing all certificates for which the collecting agents’ certificates have been issued in lieu of the owners’ certificates. This record should be kept by months and should give the following information: Serial number of item received. Date received. Name of person from whom re¬ ceived. Address. Name of debtor corporation. Class of bond from which coupons were cut. Face amount of coupons collected. Deductions from tax claimed by own¬ ers under Paragraph C of Federal In¬ come Tax Law. Amount of interest collected. Until the further ruling by this Depart¬ ment the banks, bankers and other collect¬ ing agents who may substitute their certifi¬ cates for the certificates of owners under the foregoing plan will not be required to secure a License from the Treasury De¬ partment for being permitted to make such substitutions of their own certificates for those of the owners, provided these regu¬ lations are strictly complied with. The permission to banks, bankers and collecting agents to substitute their own certificates under the above regulations for those of the owners of the bonds, etc., will extend to responsible banks, bankers and 10 HARRIS TRUST &■ SAVINGS BANK collecting agents in foreign countries, as well as to those of the United States. W. H. Osborn, Commissioner of Internal Revenue. Approved, Nov. 28, 1913 : W. G. McAdoo, Secretary of the Treasury. ( T. D. 1904) Supplemental Regulations Relative to Duly Authorized Agent’s Authority to Sign Certificates of Ownership Which Accompany Coupons or Reg - isterd Interest Orders When Presented for Collec¬ tion, Washington, D. C., Nov. 28, 1913. Certificates of ownership, which are re¬ quired to accompany all coupons or regis¬ tered interest orders under regulations made in pursuance of Section 2, Act of October 3, 1913, may be signed in the name of the owner of the bonds, by his duly authorized agent, and the said certificates shall give the full name and address of both the owner and his authorized agent. If the person, firm or organization to whom the certificate thus signed is pre¬ sented for collection, is reasonably satisfied as to the identity and responsibility of the person signing as duly authorized agent, he or it shall stamp or write on the face of said certificate, “Satisfied as to identity and responsibility of agent,” giving name and address of person thus certifying, and said certificate may then be accepted by persons, firms, or organizations to whom presented without requiring further evidence as to authority of agent. If the person, firm, or organization first receiving certificate of ownership signed by an agent is not satisfied or can not satisfy himself or itself as to the agent’s identity and responsibility, then, in that event, the authorized agent shall furnish evidence of his authority so to act, which evidence will li HAKRIS TRUST & SAVINGS BANK be retained by the person, firm, or organiza¬ tion receiving it, and the certificate of own¬ ership shall then be endorsed as provided herein. W. H. Osborn, Commissioner of Internal Revenue. Approved: W. G. McAdoo, Secretary of the Treasury. (T. D. 1905) Supplemental Regulations Relative to Partner¬ ships, Washington, D. C., Nov. 28, 1918. Inasmuch as individual members of a partnership are liable for income tax upon their respective interest in the net earnings of said partnership and are required to in¬ clude said net earnings in their personal returns, the partnership may file with the debtor corporation, or with a withholding agent, a notice, signed in the name of the partnership, by a member thereof, claiming a deduction of a specific amount on account of the legitimate expenses (not includ¬ ing the personal or living expenses of the partners) incurred in conducting the busi¬ ness of said partnership, and upon receipt of said notice, said withholding agent shall not withhold, and shall not be held liable for, the normal tax on the amount of in¬ come equal to the amount of deduction claimed in said notice, but in no event shall the total of the amounts claimed, as pro¬ vided herein, be in excess of the total amount of the actual legitimate annual ex¬ penses incurred by said partnership in the conduct of its business. Application for such deduction shall be made in substan¬ tially the following form: 12 HARRIS TRUST &• SAVINGS BANK Form 1011 FORM OF CERTIFICATE TO BE FILED WITH WITHHOLDING AGENTS BY PARTNER¬ SHIPS CLAIMING DEDUCTIONS. “I, .. a member of the firm or partnership of. of.. conducting a busi¬ ness of. (Give character of business conducted by partnership.) and residing at., do solemnly (Give full address.) declare that the said partnership is the owner of $. bonds of the denomination of $. each, Nos. of the.known (Give name of debtor.) as . bonds, (Describe the particular issue of bonds. from which were detached the accompany¬ ing interest coupons, due. ., 191..., amounting to $., or upon which there matured. .191..., $... of registered interest, or is the owner of . upon (Property or investments.) which there accrued.. 191..., $. of income. We hereby claim a deduction of $. . allowed on account of the actual expenses incurred in conduct¬ ing said business under regulations made in pursuance of Section 2, Act of October 3, 1913, and do solemnly declare that neither the partnership nor its individual members has claimed deductions in excess of its total actual legitimate annual ex¬ penses of conducting the business of said partnership, and that no portion of the liv¬ ing or personal expenses of the partners is included in the deductions claimed. Name of Signing Partner. ..." . For. i (Name of partnership.) Address. Date., 191... 13 HARRIS TRUST 6- SAVINGS BANK Partnerships are not subject as partner¬ ships to the income tax and are required to make statements of their income and earn¬ ings as partnerships only when requested to do so by the Commissioner of Internal Revenue or the Collector of Internal Rev¬ enue for the district in which said partner¬ ship has its principal place of business, and when such a statement is required, as aforesaid, the said statement shall give a complete and correct report of the gross income of the said partnership and also a complete account of the actual legitimate annual expenses of conducting the business of said partnership (not including living and personal expenses of the partners) and the net profits and the name and address of each of the members of said partner¬ ship and their respective interest in the net profits thus reported. The net annual income of a partnership when apportioned and paid to the members thereof, shall be returned by each individ¬ ual partner receiving same, in his annual return of net income and the tax shall be paid thereon by said individual partner, as required by law. When the annual income of a partner¬ ship is not distributed and paid to the mem¬ bers thereof, the respective interest of each member in said profits shall be ascertained, and the individuals entitled thereto shall include the said amount in their annual re¬ turn as part of their gross income, the same as if said profits had been distributed and paid to them. Undivided annual net income of partner¬ ships thus returned by the individual mem¬ bers thereof, upon which the tax shall have been paid, shall not, when said profits are actually distributed and paid to the part¬ ners, be again included in their annual re¬ turn as a part of their gross income. Foreign partnerships or firms, all the members of which are both citizens or sub¬ jects and residents of a foreign country, which are the owners of bonds and mort¬ gages or deeds of trust or other similar 14 HARRIS TRUST 6- SAVINGS BANK obligations, including equipment trust agreements, receivers' certificates, and stocks, of corporations, joint-stock compa¬ nies or associations and insurance com¬ panies organized or doing business in the United States, may file with the debtor or withholding agent, with their coupons or orders for registered interest, or orders for other income derived from property or in¬ vestments in the United States, certificate and notice of ownership, setting forth the facts as to nonresidence and alienship, and the debtor or withholding agent shall not withold any part of their said income. Where a foreign partnership or firm is composed of both nonresident foreigners and citizens of the United States, or for¬ eigners resident in the United States or its possessions, the certificate of ownership shall show this fact, and the name and legal address of each member of said partnership, who is a citizen of the United States or who is a foreigner residing in the United States or its possessions, shall be given on the said certificate and no part of said income shall be withheld by the paying agent. The said certificate and notice of owner¬ ship shall be in substantially the following form : Form 1014 FORM OF CERTIFICATE TO BE PRESENTED WITH COUPONS OR INTEREST, OR OTHER INCOME ORDERS, DETACHED FROM BONDS OR OTHER OBLIGATIONS OWNED BY PARTNERSHIP OR FIRMS OF FOREIGN COUNTRIES I, ., a member of the firm or partnership of.of .and residing at., .do solemnly declare (Give full address.) that the said partnership is the owner of $. bonds of the denomination of $.each, Nos. of the. (Give name of debtor.) known as.from which (Describe particular issue of bonds.) were detached the accompanying interest 15 HARRIS TRUST SAVINGS BANK coupons, due. 191, amount¬ ing to $.. or upon which there matured. 191..., $. of registered interest, or is the owner of (Property or investments.) upon which there has accrued.. 191..., $.of income and that all the members of said firm or partnership, except. (Give name and address of partners not non- ., are nonresident for- resident aliens.) eigners and as such are exempt from the income tax imposed on such income by the United States Government under the law enacted October 3, 1913, and that no citi¬ zen of the United States, wherever resid¬ ing, or foreigner residing in the United States, or any of its possessions, except those named above, has any interest in said bonds, coupons or interest. Name of partner signing. For . me of partnership) Address. Date.191- W. H. Osborn, Commissioner of Internal Revenue. Approved: W. G. McAdoo, Secretary of the Treasury. (T. D. No. 1906.) Supplemental Regulations Designating Guard¬ ians, Trustees, Executors, Administrators, Agents, Etc., as the “Source” for Purpose oi Collecting Income Tax and as to Making Annual and List Returns and Withholding Tax. Washington, D. C., November 28, 1913. Guardians, trustees, executors, adminis¬ trators, agents, receivers, conservators, and all persons, corporations, or associations 16 H APvKI S TRUST &- SAVINGS BANK acting in any fiduciary capacity herein¬ after referred to and known as the fiduci¬ ary, who hold in trust an estate of another person or persons shall be designated the “source” for the purpose of collecting the income tax, and by filing the following notice with other debtors or withholding agents, said fiduciary shall be exempt from having any income due to them as such, withheld for any income tax by any other debtor or withholding agent. Other debtors or withholding agents, upon receipt of this notice, shall refrain from withholding any part of such income from said Fiduciary and will not, in such case, be held liable for normal tax of 1 per cent due thereon. The form of no¬ tice to be filed with the debtor or withhold¬ ing agent by the Fiduciary shall be sub¬ stantially, as follows: Form 1015 FORM OF CERTIFICATE TO BE FILED WITH DEBTOR OR WITHHOLDING AGENTS BY FIDUCIARIES. The following form of certificate should be filed with the debtor, or its paying agents, at the time of the payment to the Fiduciary, or his representative, of all cou¬ pons, interest orders, rents, and all other kinds of income whatsoever upon which the tax on income is required to be with¬ held at the source. “I (we) do solemnly declare that I (we) (Name Fiduciary.) am (are) the duly authorized. (Indicate in .for the beneficiaries what capacity acting - .) of the estate or trust of., which estate or trust is entitled to the in¬ come from $.bonds of the de¬ nominations of $. each. Nos. of the. (Give name of debtor.) known as. (Describe the particular issue of bonds.) 17 HARRIS TRUST &■ SAVINGS BANK bonds, from which were detached the ac¬ companying coupons, due ., 191. .amounting to $., or upon which there has matured., 191.. ., $. of registered inter¬ est, or which estate or trust is entitled to other income from property or investments upon which there accrued ., 191.. $.of income. Acting for and in the capacity as stated herein, I (we) hereby assume the duty and responsibility, imposed upon withholding agents under the law, of withholding and paying the income tax due, for which I (we) may be liable, and acting in said fiduciary capacity as stated herein, I (we) do hereby claim exemption from having the normal tax withheld from said income. (Name) (Capacity in \£hich acting.) Address: . Date.191.... RETURNS MADE BY FIDUCIARY AGENTS. Said Fiduciaries shall, on or before March first of each year, when the annual interest of any beneficiary in said income is in excess of $3,000, make and render a return of the income of the person or per¬ sons for whom they act, to the Collector of Internal Revenue of the district in which the Fiduciary resides. This return shall give an itemized state¬ ment of the gross income and deductions claimed and shall be in the same form as prescribed for annual returns made by in¬ dividuals. Said Fiduciary acts for, and in behalf of, the beneficiaries of said trust; and the annual return required as above in behalf of said beneficiaries has reference only to the income accruing and payable through said Fiduciary, and not the income of said beneficiaries from other sources, unless the said Fiduciary is legally authorized to act for said beneficiaries in their individual 18 HARRIS TRUST &- SAVINGS BANK capacity, in which case said Fiduciary, act¬ ing as duly authorized agent of the individ¬ ual, shall also make the personal annual return as provided by law. There shall accompany the annual return of said Fiduciary a list giving the name and full address of each beneficiary and the share of said income to which each may be entitled. LIST RETURNS FILED BY FIDUCIARY AGENTS. Fiduciary agents, in addition to the an¬ nual return of income required by these regulations, shall make an annual list re¬ turn, as provided by regulations for with¬ holding agents, whenever payments of in¬ come to any beneficiary is in excess of $3,000. Said list return shall be made on or before March first of each year to the Collector of Internal Revenue for the dis¬ trict in which said Fiduciary resides or has his principal place of business, giving name and address of each beneficiary of said trust, to whom annual income in excess of $3,000 is paid, the amount of income paid to each beneficiary, giving source of in¬ come, the amount of exemption claimed by each beneficiary, if any, and the amount of income withheld for tax, and the said list return shall be signed by the Fiduciary making same, stating in what capacity act¬ ing, and give his name and full address. Fiduciaries having an annual income that is not distributed or paid to the beneficiaries of the trust under which said Fiduciary acts shall make an annual list return, as provided herein, and said list return shall show the name and address of each ben¬ eficiary having a distributive interest in said income in excess of $3,000, stating the dis¬ tributive amount of each beneficiary, and shall give all information as required in said list returns, and shall withhold and pay to the collector, as provided by law, the nor¬ mal tax of one per cent upon the distribu¬ tive interest of each of said beneficiaries in excess of $3,000, the same as if said income 19 HARRIS TRUST &- SAVINGS BANK was actually distributed and paid; exemp¬ tion under paragraph C, however, may be claimed by the beneficiary or his legal rep¬ resentative by filing his claim for exemp¬ tion with the Fiduciary agent. When the fiduciary agents deduct, with¬ hold and pay the normal tax on undivided annual net income as provided herein, they shall not be required to withhold and pay again the normal tax on said income when actually distributed and paid to said ben¬ eficiaries, nor shall the beneficiaries be re¬ quired again to pay the normal tax on the amounts on which the tax has been paid when such amounts are distributed. Where the normal tax is withheld and paid by fiduciary agents on undivided an¬ nual income, beneficiaries (or their legal representatives) in whose behalf said tax is paid may file notice with said fiduciary and claim the benefit of any annual ex¬ emption they may be entitled to under par¬ agraph C of the Act of October 3, 1913, as provided by regulations, the same as if their distributive interest in said income was actually paid. W. H. Osborn, Commissioner of Internal Revenue. Approved: W. G. McAdoo, Secretary of the Treasury. (T. D. No. 1907.) Supplemental Instructions as to Acceptance of Certificate Form 1000 as Originally Pre¬ scribed in Regulations of October 25,1913; and the Original and Amended Form 1000 as It Has Been Adapted to the Use of Fiduciary Agents; and Cer¬ tificate Forms 1001, 1003 and 1004 as They Have Been Adapted To the Use of Foreign Organiza¬ tions and Partnerships. Washington, D. C., November 26, 1913. Certificates of ownership, Form 1000, as originally prescribed in Regulations of Oc¬ tober 25, 1913, shall be accepted by debt- 20 HARRIS TRUST dr SAVINGS BANK ors or withholding agents when properly filled in and signed by the owner of the bonds or his duly authorized agent until December 10, 1913, and after that date only the amended Form 1000, as prescribed by Regulations, shall be accepted. Form 1000, original and amended, as it has been adapted to the use of guardians, trustees, executors, administrators, agents, receivers, conservators, and all persons, corporations or associations acting in a fiduciary capacity, when properly filled in and signed and giving the information re¬ quired by the regulations, shall be accepted by debtors or withholding agents until reg¬ ulations giving a prescribed form of certifi¬ cates of ownership for fiduciary agents are issued, and for thirty days thereafter. Forms 1001, 1003 and 1004, as they have been adapted to the use of foreign organ¬ izations and foreign partnerships, when properly filled in and signed and giving the information required by regulations, shall be accepted by debtors or withholding agents until regulations giving a prescribed form of certificate of ownership for foreign organizations and foreign partnerships are issued, and for thirty days thereafter. W. H. Osborn, Commissioner of Internal Revenue. Approved: W. G. McAdoo, Secretary. (T. D. No. 1908.) Regulations Prescribing Form of Certificate To Be Furnished by Foreign Organizations Not Engaged in Business in the United States and not Subject to the Income Tax on Interest or Other Income Collectible at the Source. Washington, D. C., November 28, 1913. The certificate to be furnished by foreign ) organizations not engaged in business in the United States shall be in substantially the following form: * 21 HARRIS TRUST dr SAVINGS BANK CERTIFICATE TO BE FURNISHED BY FOREIGN ORGANIZATIONS NOT SUBJECT TO TAX ON INTEREST OR OTHER INCOME AT SOURCE. I,.the A, . . . (Give name.) of the , (Give official position.) a. (Name of organization.) of -- (Character of organization.) (Country.) Located at. (Postoffice address.) do solemnly declare that said. (Give name of organization.) is a foreign organization, not engaged in business in the United States, and is the owner of $. bonds of the de¬ nomination of $. each, Nos. of the.known as (Give name of debtor.) (Describe particular issue of bonds.) bonds, from which were detached the ac¬ companying coupons, due., 191..., amounting to $. or upon which there matured., 191..., $., of registered inter¬ est, or is the owner of. (Property or investments.) upon which there was accrued., 191..., $.of income, and that under the provisions of the Income Tax Law, of October 3, 1913, said organization being a foreign organization, said interest or income is exempt from the payment of 22 HARRIS TRUST 6- SAVINGS BANK taxes collectible at the source, which ex¬ emption is hereby claimed. Date., 191. . Name., (Official position.) Of. (Name of Organization.) Address. (Postoffice.) W. H. Osborn, Commissioner of Internal Revenue. Approved: November 28, 1913. W. G. McAdoo, Secretary. (T. D. 1909.) License Required for Collection of Income Received From Foreign Countries. Supplemental Regulations as to Making Ap¬ plication, Filing Bond and Issuing License to Collecting Agencies of Income From Foreign Countries. Washington, D. C., Nov. 28, 1913. All persons, firms, or corporations under¬ taking for accommodation or profit (this includes handling either by way of pur¬ chase or collection) the collection of cou¬ pons, checks, bills of exchange, etc., (a) for or in payment of interest upon bonds issued in foreign countries, and (b) upon foreign mortgages or like obligations, and (c) for any dividends upon stock or interest upon obligations of for¬ eign corporations, associations, or insurance companies engaged in business in foreign countries, 23 HARRIS TRUST &■ SAVINGS BANK who are required by law to obtain a license from the Commissioner of Internal Reve¬ nue, shall make application to the Collector of Internal Revenue, for the district in which they do business, for such license in the following form: FORM OF APPLICATION FOR LICENSE FOR THE COLLECTION OF INCOME FROM FOREIGN COUNTRIES. Form 1017 UNITED STATES INTERNAL REVENUE. APPLICATION FOR LICENSE FOR COLLECTION OF INCOME FROM FOREIGN COUNTRIES. State of. County of. The undersigned, . (Name.) (Office.) of. (State name of person, firm or corporation.) being duly sworn according to law, declares that on and after the...". day of ., 191. .., he (we) intend. . to engage in the business of collecting foreign income payments of interest or dividends by means of coupons, checks, or bills of exchange. The aggregate amount of annual collections of such for¬ eign income at the principal and branch offices is estimated at $. The location of the principal and branch offices is as follows: Principal Office . Branch Offices.. (If a firm, state names of members.) Said person, firm or corporation is now engaged in business as. and desires to conduct the business of col¬ lecting foreign income at the above address or addresses, and hereby makes applica- 24 HARRIS TRUST &- SAVINGS BANK tion for the license required to be secured by persons, firms or corporations engaging in the business of collecting income from foreign countries under the provisions of paragraph E of Section II. of the Income tax law of October 3, 1913, and I (we) hereby promise and pledge myself (our¬ selves) to comply strictly with the provi¬ sions of said law and the rules and regula¬ tions of the Treasury Department which have been or may hereafter be issued in respect to the collection and payment of such foreign income. Signed., for. (Name of firm or corporation.) Sworn to before me this .day of . 191..., The Collector of Internal Revenue, upon receipt of such application, shall satisfy himself that the person, firm or corporation making application is considered to be of good character and business standing and may require that he or they shall be able to show a financial rating in one or more of the recognized mercantile agencies of the United States, equal to at least one-tenth of the estimated amount of annual collections of foreign income as stated in the applica¬ tion. The Collector of Internal Revenue hav¬ ing thus satisfied himself of the business and financial reliability of the person, firm or corporation making application for li¬ cense, may issue the license without re¬ quiring a bond for the faithful performance of duty and compliance with the law and regulations. In cases where the person, firm or cor¬ poration shall fail to satisfy the Collector of Internal Revenue of his or their busi- 25 HARRIS TRUST & SAVINGS BANK ness or financial reliability, the Collector may refuse to issue license or may issue a license upon the applicant filing a surety bond satisfactory to the Commissioner of Internal Revenue for a penal sum equal to two per cent of the estimated amount of collections stated in the application, the minimum penal sum, however, to be $1,000, and the maximum not in excess of $100,- 000 . The bond, when required, shall be exe¬ cuted in duplicate, one of which shall be retained in the office of the Collector of Internal Revenue with whom the bond is filed, and the other shall be forwarded by the Collector to the Commissioner of In¬ ternal Revenue at Washington, D. C. The form of license to be issued shall be as follows: Form 1010 No. TREASURY DEPARTMENT. OFFICE OF THE COMMISSIONER OF INTERNAL REVENUE. LICENSE FOR COLLECTION OF FOREIGN INCOME. doing business at located and and engaged in the business of. ., having made application in ac¬ cordance with the provisions of Section II. of the Act of October 3, 1913, and the reg¬ ulations made in pursuance thereof, is hereby licensed to accept for collection cou¬ pons, checks, and bills of exchange for or in payment of interest upon bonds issued in foreign countries and upon foreign mort¬ gages or like obligations, and for the divi¬ dends upon stock of foreign corporations, foreign joint-stock companies or associa¬ tions, or foreign insurance companies en¬ gaged in business in foreign countries, from.•.., 191..., until re¬ voked. 26 i HARRIS TRUST 6- SAVINGS BANK This license will not be valid until coun¬ tersigned by the Collector of Internal Rev¬ enue for the district in which issued. Countersigned: (Collector.) .Dist.,. ... Commissioner of Internal Revenue. This license, made up in the form of bound books containing 50 each, with ap¬ propriate stubs, will be furnished in blank to the Collectors of Internal Revenue, with the facsimile signature of the Commission¬ er of Internal Revenue thereon, and shall not be valid until countersigned by the Col¬ lector of Internal Revenue by whom issued. This license may be issued without cost to the persons to whom issued and shall continue in full force until revoked. Fail¬ ure to give or renew the bond in cases where a bond is required will automatically revoke the license. In cases where licenses are issued with¬ out bond, the Collector shall, at stated year¬ ly periods, inquire into and satisfy himself of the financial responsibility of all licen¬ sees. When any person, firm or corporation has branch offices and desires to collect said foreign interest or dividend income through said branch offices, the application for li¬ cense or licenses shall be made (and bond furnished, when a bond is required) by the person, firm or corporation through its principal office for its branch office or of¬ fices. The bond in such cases shall be based on the total amount of such foreign business transacted by both the home office and its branch office or offices. This application for licenses shall be ^ made (and bond furnished when bond is required) to the Collector of Internal Rev¬ enue for the district in which the principal or home office is located. The names and 27 HARRIS TRUST 6- SAVINGS BANK addresses of the branch offices shall be fur¬ nished to the Collector in the application of the said principal and if the requirements of the Bureau of Internal Revenue are com¬ plied with to the satisfaction of the said collector, then said collector shall certify this fact to the Collector of Internal Reve¬ nue for the district in which the branch of¬ fice for which the license is desired is lo¬ cated, and the collector to whom this cer¬ tification is made shall thereupon issue a li¬ cense as provided herein to such branch of¬ fice. No bond will be required in any case for the month of December, 1913, but the re¬ quired license may be issued by Collectors of Internal Revenue immediately upon re¬ ceipt of the blank licenses in all cases where the applications for licenses which may have been filed shall have been duly ap¬ proved. The bond, if required, must be filed for the calendar year 1914 and for each calen¬ dar year thereafter. All bonds must be renewed or new bonds furnished on or before January 1 of each successive year. The applications for these licenses and the stubs of the licenses issued shall be re¬ tained and preserved in the offices of the Collectors of Internal Revenue. W. H. Osborn, Commissioner. Approved November 28, 1913. W. G. McAdoo, Secretary of the Treasury. 28