Untitled Texas Attorney General Opinion

Honorable Ernest Tibbets Cbuntg'Attorney HaIe County - Plainview, _ Texas Dear Sir: Opinion No. O-4122 .-.' -. .'_. ,.. Re: Whether a temporary a&ninlstra- tor imastpay the Fax'aiid'afflx the stamps provided for in. -~. Article XV of House Bill 8, 47th .~ Legislature. ..-...~ _,. We acknowledge receipt of your request for an opinion of this Department-on whether OF not-the tax acQuirea bji-'A&lb-le XV of House Bill 8, 47th‘~Leglslatizre, must be pal.aon ti%inWfers OTTstock by‘.atemporary administrator to the heirs at law and the stamps affixed thereto. . Article XV, supra, provides i that: _ . "There Is hereby Imposed-'andlevied a-'tax. . . . on . . . deliveries or transfers of'shares, or certificates of stock, oi'certlflcates for rights tb stock, or certificates of deposit repre- senting-fanInterest in or representing certlfl- cates made taxable under this Section In any domes- tic or foreign corporation, . . .' (Underscoring ours) . And said Article XV further provides that: rr a . 0 It shall be the duty of the person or persons makim. or effectuating the sale or transfer to pro- cure, affix, and cancel the stamps and pay the tax provided by this Article . . .' (Underscoring ours) _ - It will be noted that the'above act Is not onIy a tax onthe sales of stock, etc., but Is also a tax on the transfer of-.stock. ,The purpose of the act manifestly being to tax all transactions wherein the ownership of stock is cha,nged. While It-is true that the-'tltle.tothe'stock-Is vested in the heirs immediately upon the death of the decedent, ~'(Smith vs. Price, 230 S. W. 836) the delivery or transfer of the stock . Hon. Ernest Tlbbets, page 2 o-43.22 .~ ., or stbbk certificates,nuaptbe'effectuatea by some means. In this case the administrator malces tne transrer. You are, therefore, advl'secl that unde? Artlcle'XV, siiprB,It Is the dutjiof the temporery administrator to j%y the tax and affix the _ stamps an the stockycertlflcates he transfers. _. . .~. a-' : .' _ " Trusting that the foregoing fully answers your ln- quirg, we are Yours very truly ATTORNEY GENEFUL OF TEXAS By s/RlChWd H. Cock& Ritih&M H. Cocke Assistant RHC:N:wc APPROVXD OCT 23; 1941 s/Grover Sellers FIRSTASSISTANT ATTORNEYGENERAL _. _. Approved Opinion Committee By s/&lB Chairman