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provisions of an act entitled "An act for the taxation of railroad and canal property," approved April tenth, one thousand eight hundred and eighty-four, or any of the supplements or amendments thereto, nor shall any corporation taxable under said act and the supplements and amendments thereto be taxable under this act; if any provision of this act shall, for any reason, be held to be unconstitutional or invalid it shall not affect the other provisions of this act or any of them. (P. L. 1900, p. 505.)

An Act for the taxation of the property and franchises of

street railroad corporations using or occupying public streets, highways, roads, lanes or other public places in this state.

(P. L. 1906, p. 644.)

217. Sec. 1. All the property, real and personal, and franchises of street railroad corporations which have acquired or may hereafter acquire authority or permission from this State, or from any taxing district or municipality therein, and which have, or may hereafter have, the right to use or occupy and are occupying streets, highways, roads, lanes or public places in this State, shall hereafter he valued, assessed and taxed as hereinafter provided. (P. L. 1906, p. 614.)

Constitutionality.—This act, supplemented by P. L. 1913, p. 448, is constitutional. Atlantic City & S. R. R. V. State Board of Assessors, 87 N. J. L. 137, reversed 88 N. J. L. 219.

Franchise tax in general.—The annual franchise tax which is levied by virtue of this act is not levied upon the gross receipts of the corporation, nor on the business of the corporation, but is merely an excise tax on the franchise. Phillipsburg Horse Car R. R. Co. v. Board of Assessors, 82 N. J. L. 49.

The State Board of Assessors (superseded in 1915 by the State Board of Taxes and Assessment) is required to levy a franchise tax upon such proportion of the annual gross receipts of a corporation as the length of its line in this State upon any street, etc., bears to the length of the entire line. Phillipsburg Horse Car R. R. Co. v. Board of Assessors, 82 N. J. L. 49.

What constitutes “public place."—Within the meaning of this act a turnpike is a "public place." Atlantic & S. Railway Co. v. Assessors, 77 Atl. Rep. 609, 84 N. J. L. 83.

218. Sec. 2. The respective assessors or taxing officers, boards or bodies of each taxing district in this State shall, each year, ascertain the value of the property of every street railroad corporation in or upon any public street, highway, road, lane or other public place in each municipality or taxing district, and the value of its property not so located, and all such property shall be assessed and taxed at local rates as now provided by law, and all proceedings for appeal, review and collection of the taxes so assessed shall be and remain applicable to such taxes. (P. L. 1906, p. 644.)

Local taxation-going value.-Street railroad corporations are taxed under P. L. 1906, p. 644. The value of their property shall be ascertained by the local assessors and taxed at local rates. An annual franchise tax upon the annual gross receipts of such corporations is also provided for. On an appeal to the State Board of Taxes and Assessment, by the prosecutor of the value of its property, located in several separate municipalities, it is illegal for the board to add an arbitrary sum called “going value” to the aggregate values of such property, as found by the board. Trenton and Mercer County Traction Corporation v. State Board of Taxes and Assessment, 103 Atl. Rep. 413.

Under P. L. 1906, p. 664, providing for the valuation of street railroad property, the adoption by the State Board of Taxes and Assessment, on appeal, of the market or exchange value as the taxable value, on consideration of the original cost of reproduction, depreciation, etc., was not objectionable or illegal. Trenton and Mercer County Traction Corporation v. State Board of Taxes and Assessment, 103 Atl. Rep. 413.

The term "going value," applied to the property of a street railroad corporation, as contrasted with the phrase "going concern,” is that part of the value which shows the company's capacity to earn money, to make a return upon the capital invested. Trenton and Mercer County Traction Corporation v. State Board of Taxes and Assessment, 103 Atl. Rep. 413.

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219. Sec. 3. The assessor or board or body whose duty it Annual reis to make the assessment in each taxing district shall an- county nually make a return certified in writing on or before January taxation. tenth in each year of the value of all property assessed under the provisions of this act, which is located in or upon any street, highway, road, lane or other public place in such taxing district, together with the names of the owners and those operating the same, and shall file such return in the office of

Review of valuations.

Statement furnished by street railways to State assessors.

the county boards of taxation. The county boards shall file a copy of the same with the State Board of Taxes and Assessment on or before February twenty-eighth in each year. The said State Board of Taxes and Assessment shall have power to imquire into, equalize and revise the valuations returned to them in such statements by the county boards of taxation, and to fix the valuation of such property for any taxing district which shall fail to file its return within the time required by law, or within such further time as said board may prescribe, so to secure an equitable and fair valuation and apportionment of said franchise taxes upon a uniform basis of valuation between the various taxing districts entitled thereto (a). (P. L. 1906, p. 645, as amended by P. L. 1918, p. 903.)

220. Sec. 4. Every street railroad corporation subject to Y taxation under the provisions of this act shall, on or before

February first in each year, return to the State Board of Taxes and Assessment a statement showing the gross receipts from its business in this State for the year ending December thirty-first next preceding, and any such corporation having part of its road in this State and part thereof in another state or states, or having part of its road on private property and part on any public street, highway, road, lane or other public place, shall make their report showing the gross receipts on the whole line, together with a statement of the length of the whole line and the length of the line in this State upon any street, highway, road, lane or other public place, and the

franchise tax of such corporation for the business done in Tax levy.

this State shall be levied by the State Board of Taxes and Assessment upon such proportion of its gross receipts as the length of the line in this State upon any street, highway, road, lane or other public place bears to the length of the whole line; such statement or report shall be subscribed and sworn to by the president, vice-president or other executive officer of such corporation, and any street railroad corpora

tion refusing to make such annual statement or report shall Penalty for forseit, as a penalty for such neglect or refusal, not more not reporting.

Gross receipts and trackage reported.

(a) This amendment (P. L. 1918, p. 903) becomes effective January 1, 1919.

Attorney

Franchise tax.

than five thousand dollars, to be assessed by a jury for each offense to be recovered by action in the Supreme Court of this State, in the name of the State, and when collected, paid into the State Treasury; and it shall be the duty of the Action by State Board of Taxes and Assessment to certify any such General, default to the Attorney-General of the State, who thereupon shall bring an action at law for such penalty; any person who shall falsely make any oath required to be made under this act shall be deemed guilty of perjury, and upon conviction thereof shall be liable to all penalties by law therefor (). (P. L. 1906, p. 615, as amended by P. L. 1918, p. 904.)

221. Sec. 5. An annual franchise tax upon the annual gross receipts of every street railroad corporation, or upon such proportion of such gross receipts as the length of its line in this State upon any street, highway, road, lane or other public place, bears to the length of its whole line, shall be assessed by the State Board of Taxes and Assessment as follows: Rates. For the year nineteen hundred and six, two and one-half per centum upon such gross receipts; for the year nineteen hundred and seven, three per centum; for the year nineteen hundrrd and eight, three and one-half per centum; for the year nineteen hundred and nine, four per centum; for the year nineteen hundred and ten, four and one-half per centum; for the year nineteen hundred and eleven, and annually thereafter, five per centum (c). (P. L. 1906, p. 646, as amended by P. L. 1918, p. 905.)

222. Sec. 6. The State Board of Taxes and Assessment Apportionshall annually ascertain and apportion the franchise tax as- frant sessed against any street railroad corporation as aforesaid in among the various taxing districts in which such corporation is operating street railroads in proportion to the value of the property located in or upon any public street, road, highway, lane or other public place, as shown by the statements so filed with the said board; the amount of the franchise tax assessed in pursuance of this act shall be certified in writ

ment of franchise tax among tax. ing districts.

(6) This amendment (P. L. 1918, p. 903) becomes effective on January 1, 1919.

(c) This amendment (P. L. 1918, p. 903) becomes effective on January 1, 1919.

Proviso.

railway and collector of amount due.

ing to the respective assessors of taxes, or officers having like powers and duties in the various taxing districts in which street railroads are located, on or before May first of each year; provided, that no change in the apportionment of the franchise tax assessed in pursuance of this act shall be made after the apportionment by said State Board of Taxes and Assessment as aforesaid, except by and with the consent in writing of the assessors of the taxing district or

districts whose proportion of the franchise tax would be reTaxing officer duced by such change. The assessor or other taxing officer to notify

shall, within five days after being notified of such apportionment of the franchise tax, deliver, or cause to be delivered to the street railroad corporations taxable under the provisions of this act, and to the collector of taxes of such taxing district, a statement in writing showing the amount of such franchise tax as ascertained, which shall become due at the time and place, when and where other taxes are payable in

such taxing district, and the tax so assessed and certified Tax a lien. shall be and remain a first lien on the property and fran

chise of such corporations in such taxing district, on and after December first following its assessment, until paid

with interest and penalties thereon, as in case of other deCollection. linquent taxes, and shall be collected in the same manner

and subject to the same discounts and penalties as other taxes are collected, and the same proceedings available for the collection of other taxes shall be and remain applicable to the collection of the franchise tax hereby authorized (d). (P. I. 1906, p. 646, as amended by P. L. 1918, p. 905.)

223. Sec. 7. All money now or hereafter payable by any street railroad corporation to any taxing district for its exclusive use, pursuant to any contract, agreement, resolution or ordinance (except money expended for paving or repairing any street, highway or other public place, or taxes on real or personal property) shall be paid notwithstanding this act, and when paid shall be considered on account of or in full, as the case may be, for the franchise tax to be assessed and apportioned according to the provisions hereof; if the amount so payable is greater than the amount of the franchise tax apportioned to such taxing district, such payment

Present obligations binding.

(d) This amendment (P. L. 1918, p. 903) becomes effective on January 1, 1919.

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