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•arch 11, 1956*

SUGGESTED AfflgDBEgTS TO PROPOSED TAX OH ^DISTRIBUTED CORPORATE IHCQHE.

I - Exempt!
a*

Income devoted to •reasonable* retirement of debt outstanding on
March 1* 1935*

"Reasonable* Is to be Interpreted as the

annual rate of retirement provided In any bond Indenture or
other loan contract outstanding*

In the absence of such

contract "reasonable* should be interpreted aa a rate of
annual payments sufficient to retire outstanding debt at
maturity*
b»

Income devoted to retirement of preferred stock outstanding on
March l t 1935, provided a corporation has contracted to retire

o*

such stock or to set up a sinking fund for this purpose*
Income devoted to payment of delinquent taxes*

Unless exemptions such as these are allowed, injustice will be done to
borrowers who either entered into contractual obligations to retire debt or
expected at the time of borrowing to retire debt out of current earnings*
For the future It would be understood that debt retirements would be handled
either by (a) using depreciation reserves, or (b) issuing new stock*

For

the »ost part the exemption would benefit corporations in straightened circumstances, such as small corporations heavily In debt to banksf real estate
corporations»and railroad© and public utilities*

lost of the very large and

profitable manufacturing corporations are out of debt*

The agitation for

exemption of 'reasonable* reserves might be met by granting exemptions for
the purposes mentioned above and the opposition thus diminished*



EX * Escempt undistributed earnings of b&nks so long as capital and
surplus together are lose than £0% of deposits*

Xt sight be well

to requira also that present capital plua future subscribed capital
should be at least equal to surplus* in order that advantage nay be
taken of this exemption*
The larger the capital and surplus of banks, the less danger
there is of loss to depositors and to the Federal Deposit Insurance
Corporation*

Interest rates are low and may remain low for a consider**

able period*

Banks9 earnings> therefore, are also lov and many banks

experience difficulty in raising new capital, although the rapid
increase in deposits makes this desirable*

In these circumstances

it may prove to the best interests of the country to encourage banks
to strengthen the proprietors1 interest fey reinvesting earnings*

XXX <* For the purposes of the proposed tax, undistributed income should
be income undistributed by Barch 1st of the succeeding year*
Corporations do not know what their earnings have been until after
the end of the year*. Adequate time should be allowed for the declaration
of a final dividend after the result of the year's operations is known*