Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorable Gee. Ii.Sheppard comptrollerof wbliu Aoeountr Austin,Torae Dear S1rr 0plnlon no. O-la Re: ReduotioA OS are In rmml is 0 stat0 or Led- tlon with the d La Texas. 806lrb8 your the taxpayer la sd would be a'e- r&r the YenQr'o lion Bate rt themof ior taxes in T-s.* EOnorablO Go. B. hrtiole 7147, Revised Civil Statutes, 1925, reads as r0110r0: ii registered in this State, whether at hams or abroad, and all oapite3.lnvestod theraln; allmonem at interest. elthar dthin or without the State, due the per- son, to be taxed over ,andabove what h pays interest fbr. and all other debts' due such person over and aboro hls lXl- debtedneos;all pubiic stook and eecurlr tfee; all stock in turn-pikes,railmada, osnals and other corporations (exoept na- tlOndl banka) out Or ths State, owned by inhabitants or thla Stats; all personal lState Of moneyetd corporations,whothor the mars thenof re8ide In or out of this 8tate, snd the Imom or any anup ity, unless the oapitfikor such annnl$y be taxed within thir State; all aharea 1x1any bank orgsnlaed or that may be or- garbed under the laws or theunlted St&em; all lmprovavnta made by persons upon lsnde held by them, the title to which Is still tasted In the State Of Texas, or ln any railroad company, or which have been exempted imar taxation ror the benerit or IMT railroad 'aoapaay, or any other oorporationtihose.pro$arty is not nubfeat to the same tie and rule or taxation as other property.* It lo provided in Artiols 7149, Rerls.6 Civil Statutes, 1925, that: "'Ceddlts.' - me term 'credits,' wherever useUd:inthis title, shall be held to mean and lncllodoevery olaim and demand ror mney or other valuatble th*, and etev .dutmity or Mimi of mroriey~ receivableat stated period& 1.27 Honorable Gee. B. Sheppard*Page S due or to become due,.and all olaime and dsmenda scoured by deed or mortgage, due or to beoome dueru The taxable sltua or the $lS,OOO.OOvendor*8 lien note, in the kbsence of addiflonal rac*i, Is the domicile or the owner, whether seaured.orunseoured. Ferris vs. Xemble (S. Ct. l&39) l& S.W. 689 Connorsvs. City or Waxehaohle (8. ct. laS9) 19,S.W. SO Great Southern Lirs Znsura~a co. VB. alty or Austin (s. ct. 1922) 243 S.W. 770 Article 7147 lnaludeswithin the deflnltlonof p~r6ondL property *all moneys, oredits,bonds and other ovidmoe of debt owned by cltizsns of this State, whether the 661~ be in or’out or the State.* Artiole 7149 defin- lng ?zedlts* gives to such term a broad meaning so as to include orerg claim and demand iormoney whether sbcumd or unsecured. No dlstlnat'ion 15 made between aredlts whether satniredby reel or personal @ropertp or whether the property seeurlng same 1s looatsd~wlthinthis Stats or without It,6jurisdlotlon. ,A,claim or demand ior money, unless otherw$ss provided by statute, woul~~e~sarlybe a *debt due suah person* as set out in ArtfdI.e'?147,al- thou@ evldenaed by a promieeorynote. As we aonstrue Artiole 7147,'lta srreot is to tax‘ths "net oredlts* owned by a person by allowing a deduction of the debts wed by him from the debts due auoh per60nr The result of thls la to arrlve at the taxable value or one ltea 0r personal property, i.e., "oredits.* Thla oonstruation 1s supportedby ZIUobservationmade by ;TustloeGaines in Griffin vs. Heard (S. Ct. 1890).14 S.W. 892, a8 follows: "The effect of these provisions 1s simply to eubjeot to taxation,‘in addition to tangible property, all moneys aotuallybelonging tothetax- payer, end any sxaees t&at may exist 0r his areaits over hie lndsbtedness.' The tax in the instant aese la levied against mn item 0r intangiblepersonal property or whlah the taxpayer 18 the owner whether eecured or uneeaured, end not egelnst the undarlylng tangible prop&Q by which lt may be meeured. Whatever the situ5 or the aeourltg, we think i'tls nonethe- Honorable Gee. H. Sheppard,Page 4 less an indebtednessof the taxpayer and may be dsduotad in arriving at his taxable oredits. Nor do we think the faot that there is no oonneo- tlon between the $lS,OOO.OOand 87,GOO.OO items, and that they do not arias out of the same transaoti~n pretant a de- duction. The apparent purpose oi the statute is to arrlre at the balanos of the total debts due suoh person over and above @Is total indebtedness. It Is our opinion. under the iaOt8 stated, that the taxpayer would be reqdred to reader as his taxable oredlte the value of the $15,000.00note less the $7.000.00 Item or indebtedness. Your5 very truly ATTOHNXYGEMERAL O? TEXfiS ATTORNEY GENERALOF TEXAS /