Federal Stamp Taxes on
Drafts, Checks
and Promissory Notes

1919

Guaranty Trust Company
of New York


[1]

Federal Stamp Taxes on
Drafts, Checks
and Promissory Notes

Imposed by
Title XI of the Revenue Act of 1918

1919

Guaranty Trust Company of New York
140 Broadway

FIFTH AVENUE OFFICE
Fifth Avenue and 43rd Street

MADISON AVENUE OFFICE
Madison Avenue and 60th Street

LONDON OFFICE
32 Lombard St., E. C.

LIVERPOOL OFFICE
27 Exchange Buildings

PARIS OFFICE
Rue des Italiens, 1 & 3

BRUSSELS OFFICE
158 Rue Royale

[2]

COPYRIGHT, 1919, BY
GUARANTY TRUST COMPANY OF NEW YORK


[3]

Stamp Taxes on Drafts, Checksand Promissory Notes[1]

The Revenue Act of 1918 imposes a taxon drafts and checks, payable otherwisethan at sight or on demand, upon their acceptanceor delivery, whichever is prior, withinthe territorial jurisdiction of the UnitedStates, and on promissory notes, except thoselisted below as exempt, and on each renewalof the same. The term “United States” includesthe states, the District of Columbia,Hawaii and Alaska.

The tax is at the rate of 2 cents on each$100 or fractional part thereof. On amountsnot in excess of $100 the tax is 2 cents.

Any instrument or writing operating as arenewal of a promissory note is taxable, but themere suspension of payment or forbearancedoes not constitute a taxable renewal withinthe meaning of the law, nor does paymentof interest on a demand note, withoutany agreement in writing extending the note.[4]The payment, however, of interest in advance,after maturity of a promissory note, evidencedby an indorsement, constitutes a taxablerenewal.

Liability to tax and the amount thereof,is determined by the form and face of a checkor draft and cannot be affected by proof offacts or instructions outside of the instrument.Payment for the stamp is a matter for adjustmentbetween the parties, but obligationrests upon the drawee, payee, or indorsee ofa draft to see that the tax is paid before orat the time of acceptance or delivery and bothparties to a promissory note are responsiblefor affixing and cancelling stamps in the requiredamount.

Checks and Drafts

The following instruments payable otherwisethan at sight or on demand are includedamong taxable drafts and checks:

1. Trade and bankers’ acceptances.

2. Post-dated checks expressly payable after theirdate.

3. Time drafts drawn against the proceeds ofdrafts exempt under (4) below.

[5]

4. Drafts stating no time for payment which areaccepted for payment at a certain future date.

5. Time drafts drawn on a domestic bank for thepurpose of securing money to purchase goodsto be exported.

6. Time drafts, not covering exports, drawn anddelivered or accepted in the United States andpayable in for

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