YH ''l.';99 >een held by the taxpayer for a i>eriod to be Hpeecial Commissioners of Income Tax and it would appear desirable that these bodies Klumid deal with' some classes of appeals {e.g., as to the value of individual local assets not of greater value than a figure to be prescribed). 99. But many of the questions involved in assessments to the contemplated duty will be most important and complex and the sums at stake extremely large. In the Board's judgment it is essential that to deal with all but minor issues of the kind mentioned in the previous paragraph there should be established a Board of Referees of the highest standing, with a legal Chairman and with members possessing qualifications or experience of various kinds (e.g., business men, valuers, accountants). It would be imperative that this tribunal should be so composed as to possess in the fullest degree the confidence of the public. As in the case of other direct taxes an appeal should lie to the Courts on points of law. Public Companies. 100. So far this memorandum has related solely to the case of individuals. There are, of course, accumulations of war-time profits in the reserve funds of public companies and the question arises of extending the duty thereto. 101. So far as these accumulations are reflected in the market value of public companies' shares the increase comes out in the returns of the individual share- holders, and any further duty upon the companies would be a double charge. 102. It is probable, however, that the whole of the value of the assets of a company is not always reflected in the market value of its shares, and there may thus be a residuum of increased value which, if it could be reached, should come within the scope of the tax. 103. Investigcitions are now being made with a view to estimating what may be the extent of the residuum, and, if desired, a further memorandum will be furnished upon this subject. Measures Necessary to Secure the Due Enforcement of the Duty. 104. The Board of Inland Revenue feel strongly that if a duty of the character now in contemplation is attempted, it ought to' be imposed effectively, and all possible measures should be taken to prevent any serious amount of evasion. As already mentioned, there is a danger lest the tax. unless it be effectively administered, may prove an additional burden upon those persons who have \^a,\d war taxation, while missing those who have secured war fortunes without paj'ing duty upon them- 27391 A I 14 105. Two essential conditions to the successful administration of the duty are proper staffing arrangements and the imposition of drastic penalties for evasion. 106. The Board have already emphasised the unprecedented nature of the effort which the proposed tax would involve, and it is unnecessary to refer to the strain on their already over-taxed staff that must in any case result. They have, however, assumed throughout their consideratdon of this problem that they would be enabled to relieve and to supplement their present resources as might be found necessary. . 107. But even if the organisation for managing the duty were as efficient as circumstances permitted, the Board are clear that drastic penalties would still be needed to prevent serious evasion. 108. It is often said that very large fortunes have been acquired by persons who have evaded war taxation by definitely fraudulent means, such as the elimina- tion of particular transactions from the books of their trade and the keeping of double banking accounts. Eumours of this kind are probably much exaggerated, but that they contain a substantial measure of truth is beyond doubt. It would be more than unfortunate if gains of this character, which have escaped existing taxation, should escape the contemplated duty as well. 109. The Board therefore suggest that the detection of wilful evasion should result not merely in the recovery of the duty due and of heavy money penalties, but in imprisonment as well. 110. It would also be desirable to provide that, where evasion is discovered upon the death of the taxpayer, the duty claimed should be recoverable from the executors with a heavy rate of interest. 111. Though the Board of Inland Revenue could rio doubt ascertain from various sources the names and addresses of nearly all persons liable to the contem- plated duty, a residuum would be likely to escape unless special steps were taken. It is suggested that every liable taxpayer should be placed under obligation (unless within a specified time he has been called on for a return) to give notice of liability, that the obligation should be widely and effectively advertised, and that failure to comply with the obligation should be punished in the same manner as deliberate evasion on the part of a person who has been called upon to make a return. 112. Further, every taxpayer should be under obligation, under like penalty, to disclose particulars of any artificial transaction by which he has con- cealed his wealth, and a comprehensive clause should be enacted to enable such transactions to be disregarded in the computation of duty. 113. The return form should contain in a prominent place specific questions in regard to categories of wealth which would readily lend themselves to conceal- ment, and the return when made should be required to be attested in a formal manner. 114. Apart from information in the Estate Duty Office and the Land Valuation Office, the Board possess no satisfactory collected information in regard to the capital of individuals. The information to be collected from returns and assess- ments for purposes of Income Tax and Super-Tax would, for a variety of reasons, be incomplete for the present purpose. 115. In these circumstances it would be important (for purposes of checking) that returns should be made of capital holdings from varieties of sources. For example, companies should be asked to supplement the returns which they already file under the Joint Stock Companies Acts in regard to their shareholders by making returns of their debenture holders ; returns should be made by statutory companies, insurance companies and, within such limits as may be practicable, by banks. Returns by banks would in many cases be of paramount value. 116. The Board, in conclusion, desire to submit one further consideration. No tax of this magnitude could be effectively imposed unless it were accepted by the great majority of taxpayers as a fair though onerous burden. If this proved not to be the case and taxpayers as a whole resented the charge and were anxious to raise not merely all legitimate objections of substance, but also all the points of technical legal detail by which the execution of so complicated a duty could be clogged and delayed, the successful administration of the duty would be gravely endangered. 16 II. buAKU OK Ihlasu Ukvkmuk, SOMKIUiKT HoUilB, January, 1920. Memorandum by the Board of Inland Revenue on methods of graduation of a duty on war-time wealth and the possible yield of such a duty. I.— ESTIMATK OF InCKEASK OK WkALTB IS TIIK HaNOK OK lifDIVIDUAli. 1. Ab was [K)intc(l out in the lk>anl'H memorandutn u[x>n the practicability of imposing; a duty oti war-titnc wealth (|)araf^ph 40), although the Btatintics of Income Tax combined with other sources of int'urmation render itpos»iblc to estimate the aggregite income of individuals with some degree of accuracy, there are in present circumstances no available statistics giving any comparable assistance in framing an estimate of their aggregate; wealth. Moreover the princii)lcs adopted for the measurement of iiifjome do not evoke those contentions which centre round the assumptions on which the measure' ment of capital proceeds. It was pointed out therefore that any enquiry into movements of cajjital values during the period of the war, esi)eeially if direct« thoae individuals whose capital wealth ha^ increased in valae during the war, diinirii»hed by the fall in value of the capital of those whose capital wealw has decreased. The proposed War Levy would, of c^Minie, apply to individuals whose wealth has increMed without taking account of itidividualH whose wealth has decreased. In these ctrcoinstMioes a further investigsition ia necessary to ascertain by what amount the figure of £4,000,000,000 must be incrcaHc^l in ordf^r to arrive at the groHB figure rcpreucntin^ the estimsted aggreote increascH appertaining only to those individuaJH whose capitnl wealth has incWBfn in value during the war. It is this gross figure which comes potentially within the scope of a War Levy. For the purpose of this investigation only scanty data are available and a considerable element of ctjnjecture necessarily enters into the estimate. 12. The figure of £4,000,000,000 increase given above may be regarded from two points of view, (1) as the estimated aggregate increases of value apjiertainirig to those individuals whose capital wealth luis increased in value during the war, diminished by the fall in value of those whose capital wealth ha:4 decreased and (2) &« the excess of the aggregate increases in value of all items of property which have increased in value during the war over the aggregjite decreases in value of all items of property which have fallen in value, irrespective of the distribution of such items of property showing increases and decreases among the two claases of individuals above-mentioned, viz. : (a) those whose total capital wealth has increaseerttining to A (£100 plus £80 plus £150 less £40) diminished by £50, the net decrease of B (£50 less £100), or it may be r^arded as the difference between the aggregate increases, £380 (£100 plus £50 plus £80 plus £150) and the aggregate decreases £140 (£100 plus £40), irrespective of the distribution of the respective increases and decreases between A and B. 14. After consideration of the separate increaises and decreases of value of individual items of property which go to make up the net increiises and decreases in the various categories of wealth set out in Table I., the Board are of opinion that tlie net increase of £4,000,000,000 may be regarded approximately a& the difference between £5,525,000,000 representing the aggregate increases in value of all individual items of property which have increased in value, and £1,525.000,000 representing the aggr^ate decreases in value of all individual items of property which have decreased in value during the war. 15. Now if it could be assumed that all items of property which have increased in value were held by one set of individuals, and that all items which have decreased in value were held by another set of individuals, then the increase of wealth &lling within the scope of the War Levy would be simply the total of all the increases in value, that is £5,525,000,000. In the example above for instance (paragraph 13) if A owned the four items showing the increase of £380, and B owned the two items showing the decrease of £140, then A alone would be liable to the levy and he would be liable in the sum of £380. 16. It is clear however that such an assumption would not be true. Much of the pro|>erty which has decreased in value is held by individuals whose wealth as a J7591 ▲ » 18 whole has increased. The decreases in these cases reduce the total increase of wealth of the individual and thus reduce the aggregate increase coming within the ncnpe of the War Levy. This may be illustrated {see paragraph 13) by the reduction of A's total increases of £330 by the £40 item of decrease to £290 as his net increase of wealth. The balance of the property which has decreased in value is held by individuals (such as B in the example) whose total wealth has decreased, and the decreases in these cases have no effect upon the War Levy. 17. It is therefore necessary to estimate how the aggregate of all items of property showing a decrease in value (estimated above at £1,525,000,000) is distributed between (a) individuals whose personal increases of wealth outweigh their personal decreases as in the case of A and (b) individuals whose personal decreases equal or outweigh their personal increases as in the case of B. 18. The Board estimate that out of the £1,525,000,000, £500,000,000 represents decreases of value of property held by individuals whose total wealth has decreased and that £l,0i!5,000,000 represents decreases of value of property held by individuals whose total wealth has increased. The sum of £1,025,000,000 therefore must be deducted from the sum of £5,525,000,000 mentioned in paragraph 14 in arriving at the gross figure of increase which will fall within the scope of the War Levy giving a figure of £4,5U0,000,000. 19. The Board suggested in their Memorandum on the practicability of imposing a duty on war-time wealth (paragraphs 32 and 37) that increases in value of furniture and other non-income producing assets (including perhaps houses in the occupation of the owner) if held continuously between the two appointed dates should be excluded from the scope of the duty. If this view be adopted a deduction of £320,000,000* would need to be made from the figure of £4,500,000,000 named in the preceding paragraph, leaving a final resultant figure of £4,180,000,000 as the increase of wealth which (subject of course to any exemption given to persons of small wealth and subject to any successful evasion) would come within the scope of the proposed duty. 20. The next question which arises is that of the classification of this aggregate increase in individual ranges of total capital. The following tuble, based largely upon Estate Duty Statistics supplemented by examination of super-tax samples, sets forth the Board's estimate of this division : — TABLE IL Classification, in individual ranges of Total Wealth, of the Aggregate Increase in Wealth, of Individuals whose Total Wealth has Increased, WITH Numbers of Individuals and Total Post-War Wealth. Ranges of Total Wealth. Numbers of Increase of Total Post-War Exceeding Not Exceeding Individuals. "Wealth. Wealth. 1. 2. 3. 4. 5. £ £ £ £ — 5,000 — 1,334,000,000 3,948,000,000 5,000 10,000 146,500 288,000,000 1,054,000,000 10,000 25,000 120,000 549,000,000 1,909,000,000 25,000 50,000 42,310 432,000,000 1,500,000,000 50,000 100,000 17,870 401,000,000 1,241,000,000 100,000 250,000 9,700 469.000,000 1,400,000,000 250,000 500,000 2,575 314,000,000 884,000,000 500,000 750,000 565 129,000,000 351,000,000 750,000 1,000,000 200 64,000,000 169,000,000 1,000,000 — 280 200,000,000 590,000,000 Totals 340,000 4,180,000,000 13,046,000,000 Or, if houses in the occupation of the owner are not excluded, £300,000,000. 19 II. l*(>«HIBr,K MkTIIODH ok <^irRAIHfATIOM OF TIIK Dcmf. 21. Before ua eotimate can l>e iriiwle of th'j yield which would refultfron the imposition of a duty upon the taxable increanc of wealth it liecoines neccHHary to cont»ider the varioiiH mctlKKlK by whicli the duty mij(ht be iinpo»ed and the question of the Hum which Hhould \m: fixed an the limit of exemption. 22. In tluH latter connection it will be recalled that the lioard in their Memorandum on the practicability of itniMtHin^ a duty on War-time Wealth (paragraph' 57) stated their opinion tliiit it would not im practiciblc to carry the effective exemotion limit Vjelow the (post-wur) level of £5,000. It would probably not l>e Hugge«tea tiiat a higlier Hmit should be adopted. 23. It would of course be {K>HHible to levy the duty at a uniform rate in all canes but it would appear that the intron the relative ability of the taxpayer Ui pay, is in force for the Income Tax and the Flntate Duty. The Excess Profits Duty was levied at a flat rate but in connection with that duty rather different considerations arise. 24. The subject matter of taxation in a War Levy woidd be the amount of the increase in capital enjoyed by the particular taxpayer between the ap|)ointeercentuge {e.'j. o jKjr cent, or 10 per cent.) of the tax|>ayer'H total |K>Bt-war resources. 35. The second factor in such a scale would be the amount of the actual totid pre-war resourccH of the faix payer. By the application of this factor, the Iwsit; rates determined by the ratio of iucrejise of capitiil, would Ik; increased in those i-ases where the pre-war resources exceeded certain limits. The weight of the factor would rcfjuire to Ije of subsidiary effect only, for the reasons discussed in paragraph 32. 3G. Whichever Bclicme of gniduation is ad II o a |l o a -=^::arf^ggg •I -N o •« ec I- w. ♦!•- 5*^ irt "(< ^. Jj "^ 'i ff. i Scooooc o f-H f r-T i-i »l lA O »l XOiOCiAOO o^'j'i w 04 oo « a> ^J f-^ W ■** Ci M* "1* i-neo O e<5ell«'«< to oooo o ^»H i-H C t- O* QO csfoT i-IM 88 Cl) 9) c^ *** i«0 O Q o c' o cT r-t M ^ C o o •-: t-H M ».- I - 27691 24 TABLE y. Tablk showing rossiBLio Ratios ov Dutyon skotions ok Increaskd Wkalth, thk SECTIONS BKING FkACTIONAL PaUTS (bKI'HESENTED BY PERCENTAGES) OF THE Total Pkk-VVar Wkaltii. Sectional rates of duty where total amount of pre-war wealth lies between : — Sections of inorcaee to which the Rati s apply. •£5,000 £10,000 £25,000 £50,000 £100,000 £250,000 £500,000 £750,000 £1,000,000 and and and and and and and and and £10,000. £25,000. £50,000. £100,000. £250,000. £500,000 £750,000. £1,000,000 over. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. % % % %■ % /o .^ % % % From to 10 per cent, of total pre-war wealth — — — — — — — 10 to 15 1) 28 30 31 33 34 36 37 38 40 15 to 20 36 38 40 42 43 45 46 48 50 20 to m 44 46 48 50 5-2 54 56 58 60 30 to 50 52 54 56 59 61 64 66 68 70 50 to 70 GO 62 64 67 70 72 75 78 80 T.ttoIOO 65 67 70 73 75 77 80 80 80 „ 100 to 150 70 72 75 78 80 80 80 80 80 . „ 150 to 200 75 77 SO 80 80 80 80 ' 80 80 Over 200 80 80 80 80 80 80 80 80 80 Where the total amount of pre-war wealth does not e.Kceed £200,000, the duty charged shall not exceed the duty charged at the following effective rates on the whole of the increased wealth : — Total amount of pre-war wealth. Not exceeding £10,000 Exceeding £10,000 and not exceeding £ 25,000 25,000 „ „ 50,000 50,000 „ „ 100,000 100,000 „ „ 200,000 EfiFective Rate of Duty. 70 per cent. 72 „ 74 „ 76 „ 78 „ * For the purpose of determining the percentage which the increased wealth bears to the pro- war wealth, it is assumed that each taxpayer shall be deemed to have possessed at least £5,000 before the war. Note.— The rates in the above Table, as in those of Table III, are applied to sections or slices of the increased wealth. There is this difiference, however ; in Table III the sections are fixed amounts, ill Table V they are represented by percentajjres of the total pre-war wealth. The secondary graduation in Table V is by reference to the amount of the pre-war wealth. The following example shows the method of calculation of the duty. The taxpayer is as.'^amed to have possessed £150,000 before r.he war and to liavo amassed a further £100,000 during the war (see column 6 of above Table). First Next 10 per cent. of increase (over pre-war wealth) £10,000 Duty Nil. 5 5,000 at 34 per cent. £ 1,700 5,000 43 „ 2,150 10 „ 10,000 52 „ 5,200 20 „ 20,000 61 „ 12,200 20 20,000 70 „ 14,000 30 „ „ 30,000 75 „ 22,500 ■ £100,000 Total duty ... £57,750 The total duty being £57,750 on a total increase of £100,000, the mean or oflfective rate of duty is 57,750 100 OOtf °''' '"'^Pi'^^ssod as a percentage, 57| per cent. Where the total amount of pro-war wealth does not oxcei^d £200,000, the offoctive rates will be subject to the limits set out in the second part of the Table. The following Table (Table VI) indicates by way of illustration the amounts of duty payable and effective rates of duty on different degrees of increase.l 25 iS w « ^ Q 1 u bu k. v4 Q m § M ,^v. ^ > « 6: • w Oh s ■J •< H O c/l H u En ^ o >5 ta o S3 <3 o: u> H a y. vs U ^ t—t EX4 >■ :3 Q N— « w K J o H 23 5s H P3 u ^ X H ■< O C-l U b. \f* W Q A u < as < u ij n rs- H Q A 00 b ■< o »>4 M) o H <5 >5 H^ U O h. :; - <3 o K NN ^ c a » &2 >J C3 < H I s a 5 cu 2 ^ •/tOQ JO tnuomy J* lanooiY I u ■a 9 a 3 Q a 9 o a •s 1 o a o a 8 8 O 00 •i|Bini •i»Il• 8 & 3 8 e s ^Jsa&SSSs::: I I I i i l 1*1 ^- i i I -• -• »f vO? »• to • M e e e o lU s 8 S 2 8 s i> 8 1 1 I s" 1 1 •> 1 s % s § 1 '^ S" I I f I I I « M s « •O » 91 8 8 r A \ S g g '8- S J- |- I i I i I *- 3 s M S) to S « Co 8 S I 8 i Z lO 2 •s le IS* » t* n I 5 S S S I o * -• lO to c: o o o -f Vi o o c tQ_ «^ e^ 8 to S OA!!)0«Jja •Ana JO lanomy 2' g >R= S; S S S 8 8 s s CO to ■anMonj »o tanomy 8 3 3 t^ 04 M — — g| 8 i I" g 8' MivMjja •Ana JO lanomy •amajoni JO lanomy as ^Ro> 00 o as S « » N 5 5 ?t — — V to c 5 * 5 5 M « e< s i i t- c* •2" iiu&-»jj MAO q41tw.\v "8 8 ;:£ ;: ii .S *" ^ S J * S o « « J- K "^ ^ 2 •- '^ S _ „ _ 8 5 o c » c-^ c *^ * a 9 rt -§8 1 ^-sl ^ a 5 00 *^ « « aJa <" St* = - ^^^ 2 <" g 53 „ '3 « c « >» >■ .SO)*'"— 2 o s > ^ ^'T'S >> = , U4 o —^ *r" g « J. te - > •r .- « „ ■" >^ p "S — Oj I— I «c ^ — S « o - ^ =rt 2 « ^"^ S § S 13 £j g ? :5 ^ ~ — ■ ^ o != = — — ^ I. o ■" i s fe ? o ^ « Be S 5^ 2G III. Board of Inland Revenue, Somerset House. January, 1920. Memorandum Ijy the Board of Inland Revenue containing sugges- tions as to the treatment, for purposes of a Duty on War-time Wealth, of wealth which has devolved on death since the appointed pre-war date. 1. A proportion of the individuals who enjoyed an increase of wealth during the war will have died before the appointed post-war day to which the duty, if imposed, would be directed. The question arises what steps, if any, should be taken to levy duty upon increases of wealth which have thus devolved on death. 2. It would not be practicable to impose a charge of duty on the estates of these deceased persons and to collect the duty from the Executors. In most instances the estates will have been wound up and the assets distributed long before the passing of the Act, and no effective means for recovering the duty out of the deceased's estate could be devised. Although in a proportion of cases the estates would still be open and the charge could be recovered, it would be manifestly inequit- able to impose a charge, the effective recovery of which in individual cases would depend upon the pure accident whether the distribution of the estate had or had not been completed at the time when the charge was made. 3. This, however, does not conclude the matter. The property which has thus passed on death will now be represented by assets in the ownership of the successors, and the question arises whether any charge should be levied upon them in respect of their inheritance. This question is a material one : it is probable that nearly 10 per cent, of the increased wealth in th« hands of individuals will have devolved on death between the appointed pre-war date and the date of the passing of the Act. 4. It will probably be conceded that where a person has, since the appointed pre-war date, inherited property which contains no element of war-time increase of value (e.g., if he has inherited a block of shares which were held by the deceased at the pre-war date and were of no greater value at the date of inheritance than at the appointed pre-war date), the acquisition of this inheritance should not in itself render him liable to the proposed duty. If the contrary view were adopted and the whole value of the inheritance treated as an increase of wealth, the proposed duty would become an additional Succession Duty imposed retrospectively. 5. The case is, however, different where a person has during the war inherited property which contains an element of war-time increase, e.g., where he has inherited a house which was of greater value at the date of inheritance than at the appointed pre-war date, or where he has inherited the whole of a deceased person's estate which has so increased in value. The question then arises whether the war-time increase included in the inheritance should be taken into account in determining' the liability of the successor to the proposed duty. 6. It may, on the one hand, be argued that death extinguishes liability to taxation and that as testators now deceased had no notice of the proposed duty and no opportunity of reconsidering in the light of it the arrangements of their will, it would not be right now to tax in the hands of their successors war-time increases which the testators enjoyed during their life and bestowed at their death upon their successors in the faith that they would be left in undisturbed possession of them.* 7. If this view prevails, it would follow that the net amount of any inheri- tance should be added to the amount of the pre-war capital of liable individuals who would then become chargeable to duty in respect of any increase in the value of inherited property accruing after they received it, but not in respect of any war- time increase of value which at the time of receipt the inheritance contained. • It may be added that this view finds expression in the War Levy recently imposed in Germany. 27 8. On the other hand, it may be felt to be inequitable that war-time increawt of capital should escape the duty merely on account of the death of the jierson who first enjoyed them, and that the value of his inheritance should lie related to the appointed pre-war date and not to the date of succession when the general liability 01 the successor to the duty is dealt with. 9. If this baflig is adopted the selection of the best practical method of giving effect to it noedH consideration. Probably any method would lie ojien to criticism in some degree. The Board suggest the following procedure as that which appears to them to be, on the whole, the best. 10. Successors should, it is suggested, l)e required to include in their capital at the appointed post-war day the value of all their projierty, including that which they have inherited since the appointed pre-war day, but they should be allowed to. add to their capital at the pre-war day so much of the value of the inheritance as they can show to have represented its value at that date. 11. For the actual ascertainment of the pre-war value of inheritances separate rules should, it is suggested, he provid arising under settlements created either inter rivos {e.g., on marri^e) or by will. 3. In the majority of these cases the settled fund consists principally of landed estate or of stocks and shares. 4. The interests consist— in a case without complications — of the interest of the life-tenant who is entitled for his life to the income of the settled property, and the interest of the remainderman who is entitled to that settled property itseli upon the death of the life-tenant. 5. Frequently, however, limited interests are more complicated in character. For example, in lieu of an ordinary life-tenancy there may be a life-tenancy for the joint continuation of two lives or for the longer of two lives or two life-tenancies in succession, or a life-tenancy which will be defeated ujwn the happening of some event, e.g., upon re-marriage. Similarly, there may be no remainder man with a vested interest, i.e., no living person with a present capacity to take possession of the settled property if the possession becomes vacant by the death of the life- tenant or otherwise. The remainder to the settled estate may be held for a person as yet unborn, or (as com- monly occurs in settlements of personalty) for one or more persons, not yet ascertainable, out of a group, e.g., for such of the children of the (deceased) settlor as his widow may by her will appoint. Or again, the remainder may be held in trust for the child or children of a certain person if he has issue, or in the event of his dying without issue, for some third party. It is of course frequently the case also that the remainder, even if vested, is divided into shares held for different individuals. 6. The Appendix to this memorandum contains illustrations of settlements of a character often met with. 7. Apart from the {wints arising under settlements there are further ix)ints for consideration in connection with other limited interests created by will or gift, e.g., annuities and jointures. These points are dealt with in Section VI. of this memorandum. III. Possibility of treating a Settled Fund as a Separ.ate Entity. 8. The Board have suggested that a duty on war-time wealth, if imposed, should be charged, subject to allowances and reliefs, on the aggregate increase in the value of the capital of individuals between the apjwinted pre-war and jxist-war dates. t The corollary of this suggestion is that the property (both pre-war and • Pan^raphs S4-87. t Board's memorandnm on the practicability of impasing a duty on war-time wealth, para. 27. 30 post-war) of each liable individual must be valued, w^hatever the form it may have assumed,* so that the aggregate increase of value enjoyed by the individual may be ascertained and duty may be charged upon him accordingly. 9. Under this principle the pre-war and post-war value of the interest of each liable individual who has an interest in settled property must be separately ascertained. For example, if settled property, of which A is life-tenant and B is remainder- man, has increased in value from £20,000 (pre-war) to £30,000 (post-war), it is not sufficient, on the principle above indicated, to have ascertained the increase in the value of the settled property; A and B are separate individuals, each of whom is liable to duty on any increase in his aggregate wealth (which may consist in part of his interest in the settlement and in part of other wealth) : in order that they may each be properly assessed, the amount of the increase in the value of their interests regarded separately must be ascertained. Similarly, when each individual has been assessed, payment ought to be re- covered in such a way that the burden of A's duty falls upon A, and the burden of B's duty falls upon B. It would not be satisfactory, for example, if the duties respectively payable by A and B were paid out of the settled fund by the trustees, ajid the payment were left to act indiscriminately as a burden upon the interests of both ■'A and B. 10. The valuation of limited interests and the procedure requisite for the recovery of duty attributable to increases in their value are problems which add very sensibly to the complexity of the duty. It seems worth while, therefore, to enquire at the outset whether means could be devised for avoiding these difficulties as a whole. 11. This object could indeed be attained at a sacrifice of principle if the con- siderations mentioned in paragraph 9 were overlooked and if, for purposes of the duty, limited interests owned by individuals were not counted as part of their wealth, but, in lieu, settled funds were treated as separate taxable entities, duty being charged upon the trustees in respect of any increase in the value of a settled fund as such. For example (taking again the illustration used in paragraph 9), a settled fund was of the pre-war value of £20,000, and is. now of the value of £30,000. A is the life-tenant of the property, and B is the remainderman. It seems worth while to consider whether — at the expense, no doubt, of creating some anomalies — it would be possible, instead of charging A and B respectively with duty on any increase in the value of their interests, to disregard these interests and, in lieu, to levy a duty at a rate fixed by reference to the circumstances of the settled property, (not of A and B), on the increase of £10,000 in the value of the property itself, recovering the duty from the trustees. 12. There is perhaps more to be said for such a departure from the general con- ception of the duty (more especially in the light of the obvious simplification which it would secure) than a first consideration would suggest. Limited interests under settlements seem to be differentiated to some extent from other forms of wealth. In origin they partake of the nature either of gifts or of bequests — using those terms in a strictly popular sense — according as they arise under settlements inter vivos or under settlements by will. The interests are not very readily saleable and are not frequently sold. In the eyes of the life-tenant they usually assume the form of a life income; to the remainderman they are in the nature of an expectation. It might not, therefore, necessarily be felt that a distinct treatment of settled property intrinsically represented an altogether indefensible departure from the general scheme of the proposed duty. 13. In its Revenue aspects also this method of treating settled property would probably be as productive as the method of dealing with the interests separately. It may be conjectured that there is settled realty in this country to the value of about seven hundred million pounds and settled personalty to the value of rather less than one thousand million pounds. As a general rule, the realty will have to some extent increased in value during the war, while the personalty, consisting largely of fixed- interest-bearing securities, will have decreased in value, possibly to a substantial extent. Under the present suggestion, the Exchequer would receive duty upon the • Board's memorandum on the pmcticability of imposing a duty on war-time wealth, para. 64. 31 increase in the value of the settled realty, and the diminution of value of settled property, consisting wholly or mainly of jMirsonalty. would not result in any diminution of the hxchequer receipt.* 14. But the last-named fact indicates tliat this method of approach would fail to secure a fair incidence of the duty as between different taxpawiH. Many of the individuals who own limited interests in settled personalty which have decreased in value would probably l>e persons who have enjoyed increases in other (non-settled) wealth [jossoHsed hy them, and if they were required to pay tax uixih the whole of the incrwusc in tlicir non-settled wealth without being entitled to set off against that increase the decrcjise in the value of their interest in the settled personalty, a legitimate source of comjjlaint would, as it seems to the Board, be created. 15. Moreover, it will probably be felt that the duty as a whole should be a graduated duty, the rate having reference both to the increase in an individual's wealth and to his total resources. Such a graduated scale would only be appropriate if the total wealth of each liable individual were taken in review. The practical application of the scale would be deranged if particular parts of the wealth of some individuals were disregarded in the computation of their individual liability. 16. In these circumstances the Board do not think that the separate taxation of settled property, as such, would be desirable or would be likely to command acceptance. At bn remaindermen, might require adjustment by way either of increase or of decrease at any moment in, say, the next seventy or eighty years. 32. In their memorandum on the practicability of imposing a duty on war- time wealth (paragraph 69) the Board suggested that the duty must be based on a comparison of pre-war and post-war market values, and they consider that .if the duty is to be workable, this principle must apply in all cases, i.e., in cases of pro- perty (including limited interests) which are subject to fluctuation of value or sudden change of value from time to time, no less than of property the value of which is ordinarily more stable. 33. The adoption of this principle may give rise to the possibility of hard- ship in one class of case^ viz., the case where a life tenant, having been charged to duty upon an increase of wealth estimated upon the assumption that he will live for a certain time, dies at a date much anterior to the assumed date. Safeguards against this hardship would be requisite, and possible measures are suggested in paragraph 57 below. {g) Waxing and waning of limited interests owing to the passage of time. 34. It may be well to recall that life interests and remainders automatically wax and wane owing to the passage of time. 35. In the normal case as a life-tenant grows older and his interest draws nearer to extinction its value decreases and the value of the interest of the remainder- man increases by a corresjwnding amount. 34 36. The following example relating to settled property of the value of £30,000 and producing income at 5 per cent, will illustrate the point : — A is the life-tenant aged at the pre-war date 70, and at the post-war date 75. The value of the settled fund remains constant. The pre-war value of A's interest on the Carlisle mortality tables was £9,450 and the pre-war value of B's interest was £20,550 £30,000* The post-war value of A's interest (on the same tables) is £7,500 and the post-war value of B's interest is £22,500 £30,000* 37. In the above example the value of the life tenancy has decreased in a period of five years (i.e., the period which, it may be anticipated, will separate the two valuations for the purposes of the suggested duty) by £1,950, and the value of the remainder has increased by the same amount. This increase and decrease is due solely to the effluxion of time. 38. The view might be taken that any decrease in the value of a life interest or any increase in the value of a remainder due merely to effluxion of time should be eliminated in calculating the increase in an individual's wealth. 39. But on examination this view hardly seems tenable. While its adoption would benefit remaindermen by eliminating from the scope of the duty any increase in their wealth due to the growth in the extent of their interest it would vrork with the opposite effect in its application to life-tenants. For example, it may be found that the value of a particular life tenancy at the post-war date (compared with it^ value at the pre-war date) shows neither increase nor decrease ; on further investiga- tion it may transpire that this result accrues because an actual increase in the income from the settled property precisely counterbalances the effect of the decrease in the extent of the life interest due to the increased age of the life-tenant. The life- tenant, the market value of whose interest has remained constant, would feel a sense of grievance if an adjustment of that value were made for the purposes of the duty, rendering him liable to pay duty on account of the increase in the income of the settled property without giving him credit for the diminution, owing to the passage of time, of his interest therein. 40. Moreover, the waxing and waning of interests in property by passage of time is by no means peculiar to the limited interests now under consideration. Such limited interests as purchased annuities, leaseholds (whether for lives or years), or shares in businesses (e.g., gold mines), the assets of which are wasting assets, decrease with the passage of time, and such interests as reversions to leases at a ground rent, life insurance policies, funds accumulating at compound interest, or funds invested in undertakings which are not immediately productive, increase in value in the same way. It would, of course, be unthinkable that an attempt should be made so to adjust valuations for purposes of the duty as to correct every natural growth or decline in the value of capital in all the various cases just mentioned. 41. In all the circumstances, therefore, the Board take the view that it would be undesirable to eliminate from, the purview of the duty alterations of the value of limited interests caused by the passage of time. (h) Interest enlarged by death, &c., since the standard date. 42. Cases will frequently arise in which in the interval between the pre-war date and the post-war date a limited interest has been enlarged by the dropping out of a precedent life. For example, A was at the pre-war date remainderman to an estate of which the life-tenant was aged 20. A's interest at that time, being deferred for the equivalent of some forty years, would, when valued by reference • In this illustration, for the sake of simplicity, the fact that settled property producing the same income before and after the war would ordinarily have fallen in value owing to the general increase in the rate of interest has been ignored. Though this fact would, if taken into account, complicate the calculations, it does not invalidate the general principle underlying them. to mortality tables, be extremely small. If before the appointed post-war date the life-tenant has died prematurely, A'» interest will have been enlarged into full ownership. 43. In these cases the elements which go to make up the increase in the value of the estate of the remainderman at the appointed post-war date (as compared with ite j)re-war value aHcertained on mortality tables) may be regarded as three in number : — (a) any increase in the value of the settled estate (of which the remainder- man has become full owner) between the appointed pre-war and post- war dates; (6) the unexpected enlargement of the renminderraan's interest due to the premature death of the life-tenant; (c) the natural increase in the size of the remainderman's interest (due to passage of time) as between the appointed pre-war date and the date of the life-tenant's death. 44. Of these elements of increase it is suggested that the second should be treated as otitside the scope of the duty. The advantage gained by the remainder- man by the death of the life-tenant seems to be strictly analogous to that gaineerty of an individual. Fho following poHKiblc (xMirse suggests itself : — To value the parti(;ular interests which an* Hubject to the oontingeocjr aa one entity and to calculate tlie duty as il the interests were the sf>le property of an individual poH8e«He[K>int and iubject thereto," which, although imiK>rtant in other connection*, ia not for thi* puqxMie of moment. l.—Fwamplt of Rimfi* Trail Legacy lellletl hy a Will. J. Smith died in Fuhruary, 1905, leaving estate worth £12,0(K). By his will ho directed liiM trunteea to pay the income of the capital to hin wife Eli/.al>eth Kmith for life subject to a condition that the income Hhould bo reduced to one-half on re-marriage. He directed that after the death of the wife the capital Rhould be divided equallv among bia three children Jamca Smith, William Smith and Ada Jobnaon. Elizabeth Smith i« ittill living and haa not remarried. The trasteea were empowered to lend to each of the children a sum not exceeding a half of the share ulti- mately falling to each for bis or her advancement in life. Under this power £1,000 hoc l)«en advanced to James Smith and £600 to each of the other two children. The total advances, viz., £2,000, with £10,000 now invested in 5 per cent. War Loan Stock, make up the full value of the testator's estate, viz., £12,000. The children will have to account for the sums advanced to them when the final distribution is effected on the death of their mother. 2. — Example of Simple Tnut created by a Marriage Settlement. The Settlement in this case was made in 1900 on the occasion of the marriage of Alfred Brown and Louisa Jones. The funds were settled by Alfred. Brown and consisted of :— £5,000 3J per cent. India Stock. £2,000 4 per cent. Debenture Stock, L. & N.W. Ely. £47 cash. Under the Settlement it was provided that the income should be payable to Alfred Brown himself for life and after his death to his wife for life. On the death of the survivor the capital is divisible among the children of the marriage in such shares as the mother and father shall together in a joint deed direct, or failing a joint direction by deed in such shares as the survivor shall, by deed or will, appoint. In the event of a failure to appoint specific shares to the children either by will or deM, the capital is to go equally to the children of the marriage who being sons attain 21 or being daughters attain 21 or marry. In the event of there being no children of the marriage or no children attaining 21, the funds revert to the Settlor and will follow either the general directions of his will or will pass to his next of kin. The trustees are given the usual powers to advance sums necessary to set up the children in life and in accordance with the usual custom any sums advanced have to be accounted for when the final distribution is made. At present the state of the facts is as follows : — Husband and wife are alive ; there are three children of the marriage, Lawrence Brown aged 17, Kathleen Mary Brown aged 15, and Mabel Frances Brown aged 10. No appointment of shares has so far been made and there have been no advances to the children. The husband is in possession of a life interest ; his wife is entitled to a life interest if she survives him ; and the shares of the children are at present unascertained. While it is certain that the property must ultimately go to such of the children as attain 21 a* a date the power of the father and mother to appoint the extent of the share leaves the quantum of tne interest of any p«rticular child indeterminate. Then to Um fartker poeaibilitv that the father and mother ■*/ lesfv tlM power of appointment unexercised, ia whieh tarn Um e«t«te ia divwible erjually among tboee ebildfeo wbo attain 21. As the three children at priaaat are all oader 21 the interest of any individual n ece—iriJy *rfm^ Bpoo his or her attaining that avv. X— Examine of a SrltUmeiU by WUl of Ou R4»idmatf Eilatf of the Testator. In this case the teatAtor, Hugh Moody, died in 1910 and his residuary estate is now reprMented by (a) Sums of £2(),(X», £10,000, and £10,000 on mortgage, £30,000 Bank Stock, and £7,300 Conaolik This may be increaaed by (&) £10,000 if a certain Mary Jonea ibonld die withont tearing a child. The £10,000 in <|oeation waa beaueathed to Mary Jonea for life, and on her death the capital wu to go equally to her children snrriTing her, bat, la the erent of no children aorviTing her, tiie amount waa to revert to the teatator** reaidnary eatate. She ia at preaent a spinater, aged 30. The funds in question are settled by the teatator's will ontruit for the testator'a daughter, Lncy Roberta, for life, and on her death a» to one-third to her son, Richard Roberta, abao lutely and a* to the remaining tico-third* on tnut to pay the income equally to the three danghtara of Lncy Roberts, viz. : — Ethel Barker, Frances Roberts, and Belinda Roberts for their respective livea, and on the death of each such daughter one-third of the said two-thirds is to go equally to the children of such daughter so dying who survive her and attain 21 (or being daughters, marry.) Failing either of these events the share of snch daughter dying without children is to be held equally on the same trusts aa the shares of the other daugbtera, Le. it increases their shares. And failing all the preceding trusts the two-third share is to go to the son, Richard Roberts, absolutely. The slate of the facts is as follows : — Ethel Barker is married and has one child, Lncy Barker, aged 10. The other daughters are spinsters, and are aged 27 and and 23 respectively. The son, Richard Roberts, has mortgaged his intereat under the will for £5,000 and interest at 5 per oentb by Deed executed in 1912. So far as Lucy Roberta ia oonoemed (a) she is actually in poaseaaion of a life intenat in £77,300 ; and (6) she has a further poi tbia alone. If be ia not in poaaeMiion but baa a right to auooeed aa " tenant in tail " on the expiration of an exiatiny life interte and probably is at the moment non-existent). The aon ia usually given an immediate annual allowance in the settlement. In accordance with t)ie usual custom provision has to Ix* made for (a) the widow of the father (i.r. the first life tenant) : and (/)) the younger memliers of the family. The provision for the widow is effected by giving the first tenant for life {if., the father) power to create a charge for the benefit of the widow during her life, usually described as her " jointure." Provision is made for the younger sons or daughters by giving power to the father (first tenant for life) by deed or by will to charge the estates for the benefit of his younger children up to a certain limit varying with the number of the children. When the grandson comes of age the same process will be gone through again and the estates will again be resettled and the tenancy in tail carried one generation further on. At any point in the history of an estate there may be mortgages for general purposes such as improvements ; there may also be more than one jointure afoot ; there may be charges securing portions for younger children ; and if the estate is in the bands of an old family the settling and resettling process may have been many times repeated and the details may be contained in more than But while the aubieet nutter flwjr ba ptieaM the principle ia aimple. fban am on* or life tenant! with • WHMindT to a tMuuit in toil impoaed on tba aataU ineooM an tlia varioaa ehama naoaaaary to prorida for tba paopb wbo omj daim to M maintained out of Uw aatata. Kmrn/Je of a Hirirt BtUUmMt <^ Rml EltaU. In tbia eaaa a raaattJament waa affeetad ia 1906. Tba aubjeet mattar of tba aettloment ia a fraahuM aalata o£ 2(),(XM) aeraa aabjaet to mortaaM for £17,000 subject alao to tbe " jointnra" of tba widow of a i tenant for life, emtM] nndar a daad axaeotad in 1857. The Mrttlora in tbia caaa are Edmood Wbita wbo ia t«nant for life under a reaettlentrat effected in I8&4, aod Evarard bia son who ia tenant in tail under the aao* daad and who, on coming of aga baa, wiib bia fatliar'a oonaent, barred tbe entail (that ia, eseciitad a diaentaUtaf aaauranoe). Tbe eatete ia aettled in tbe dead of 1906, in aoeordanea with tbe naual cuatom, on Edmond White tbe father for life (be died in 1913), and after bia death to bia aon Bverard for life, and thereafter to bia sons auooeaairely in tail male with various other alternative remainders in tail in tbe event of tbe first remainder to tba aona of Evanud failing. Power ia also given to Evcrard to charge tbe eatate with a jointure of £1,0IXJ |00 while her mother in-law ia alive and tbereaftar during her life to £1,000 per annum. The four children of Everard are : — Alfred White bom 1890 Stewart White „ 1892 Malcolm White „ 1895 Eleanor White „ 1897 Alfred White is tenant in tail in suoceaaion to hm father's life interest. The remaining children have an interest in the capital of £10,000 referred to above ; at preaent this interest ia one-third share, but may be altered by tbe birth of further children or the exercise of Everard White's power of appointment over the shares of the £10,000. Other members of the family not in this line will succeed if the remainder in tail to Alfred White, or such other of his brothers as stands in his place, should foil. 42 V BoAUD OF Inland Kevenuk, Somerset House, January, 1920. Memorandum by the Board of Inland Revenue on the Place of Public Companies in a Duty on War-time Wealth. 1. It was mentioned in the Board's memorandum on the practicability of imposing a duty on war-time wealth (paragraph 79), that no difficulty would ordinarily be experienced in arriving at the market value of shares in public companies owned by individuals either at the pre-war or at the post-war date. The Slock Exchange quotations on the two appointed days would govern the question. It is only in exceptional cases — those of public companies for the shares of which no effective market exists or the Stock Exchange quotation is artificial — that a special proceduie would be requisite for arriving at the actual value of the shares. 2. It was further pointed out, however, in that memorandum (paragraphs 100 etseq.) that the aggregate market value of the shares in a public company may not always correspond to the real value of the business carried on by the company as a going concern, and that, if the matter is not pursued further, some danger of leakage of duty might exist. If the full value of accumulations of war-time profits in the reserves of pubhc companies is not reflected in the market value of the companies' shares, this war- time increase Avould not be revealed, or fully revealed, in the returns made by the individual shareholders. 3. The following example will illustrate the manner in which the market capitalisation of a company's assets, as evidenced by share values, may be found to fall below the actual value of the company's business as a going concern. The shares and debenture stock of a company and their respective market values as quoted on the Stock Exchange, at the post-war date, are as follows : — 100,000 £l ordinary shares, quoted at 1|- ... ... ... 150,000 100,000 £1 preference shares, quoted at 16a-. ... ... 80,000 40,000 £100 debentures, quoted at 75 30,000 £260,000 The sum of £260,000 thus represents the market capitalisation of the assets of the company, as evidenced by the Stock Exchange quotations. If all shareholders and debenture-holdei's make returns for purposes of a War Levy, and include therein the market value of their shares and debentures, the aggregate amount which they will return in respect of their holdings in this company at the post-war date should amount to £260,000. It may, however, be the fact that the actual market value of the company's business as a going concern is not £260,000 but £300,000, arrived at as follows : — £ Market value of the Company's buildings, plant and stock... 200,000 Market value of Company's investments ... ... ... 30,000 Value of debts due to the Company... ... ... ... 20,000 Value of Company's goodwill ... ... ... ... 80,000 330,000 Zess debts due by the Company ... ... ... ... 30,000 300,000 If this be the case, the value of the Company's business as a going concern (£300,000) would exceed the market capitalisation of its assets (£260,000) by £40,000, and no portion of this excess of £40,000 Avill appear in any of the returns made by the individual shareholders and .debenture-holders. 4. It is a matter of some difficulty to find any short descriptive term which accurately defines this excess (which forms the subject matter of the present memorandum), and in the following paragraphs it is proposed (for purposes of brevity) to describe it by the term " unrevealed value." 48 .5. Thitt thiis '' uurevealerl value " exitita in a number of inHtancM m beyond queftion. F(»r cxHinjjIe, inforiritttion from time to time comen U> the knowledge of the Board of Iiilutid lievciiue >i\iowiu^ thut (e.italiwition of their aMtet« iiH evidenced by the ({iiotatioiiH of their Khitrun and deVjeotures. CuMOit of atiuUgammtion cannot, however, Im: regarded n» repreHcnbitive of companieii in general, inaMmucn as con- cerns of which the market capitaliwition h low sku curchaMe, C). The exiHtcnce of this " unrevealed value " may, at first sight, cause surprise. Stock brokerH and stock jobbers make it part of their businew to study the refKirts, uccountH and balance sheets of public ajmpanies for the purpose of arriving at a true cstimutc of tlie value of the shares, and it might be anticipate*! thut the umrket uipitiiliKHtion w(julms and slumps may proceed u]>on considerations in which the intrinsic value of a company's business plays a comparatively suiuU jjart. 8. These questions by themselves might not prove to be of any great importance. They tend sometimes unduly to depress, at other times unduly to inflate, the market capitalisiition as compared with the intrinsic value of the assets of the business, and on balance they might have little influence upon the aggregate figures shewn by returns of individuals for purposes of a War Levy. There are, however, further considerations which probably tend, on the whole, to depress the market capitalisation and thus to create an " unrevealed value." 9. In the first place, it could not be expected that the stock and share market would always possess full knowledge of the resources and potentialities of a business ; it is a common practice in industry (from motives of prudence) to create reserves which are not disclosed in published balance sheets, and for this reason market estimates of the value of shares may be expected to be upon the whole conservative. It is ptjssible no doubt that, if a market estimate is very conservative, persons with inside knowledge may come into the market as buyers, but any counteracting influence on the value of the shares which they might exercise would be limited in extent. On the other hand, there are no doubt cases in which optimistic balance sheets have tended to keep share prices above the true value. 10. A further consideration lies in the inability of an individual shareholder to influence the disposal of the assets, or even of the profits, of the business in which he invests. Although a business may be making very large [jrofits, it may be the policy of the directors (from motives of prudence) to increase the resources of the business by placing profits to reserve rather than distributing them. Although the profits so placed to reserve give additional security and prospects of additional future yield to the investors in its shares, these advantages may be less attractive to the investors than the actual receipt year by ye^ir of a large dividend. It would no doubt be agreed that if there are two businesses each making (say) 20 j>er cent, profit, and each identical in all particulars with the other, except that one distributes 5 per cent, profit and csirriea 15 jx;r cent, profit to reserve, while the other distributes 10 \)er cent, profit and airries 10 per cent, profit to reserve, the market value of the shares of the second company (which distributes 10 per cent.) will be substantially higher than the market value of the shares of the other (which distributes only 5 per cent), notwithstanding that the intrinsic value of the a&sets of each business may be identical. 11. There is a further circumstance which, at the present juncture, is probjibly operating to create an " unrevealed value " in the assets of public compmies. Many companies have preference shares and debentures which were issued at a fixed rate of interest (<".(/., o per cent.) in pre-war times and, owing to the rise in the general rate of interest which has taken place during the war, the market value of these shares and debentures has fallen by more than 20 per cent. In effect what has occurred is this : the effective proprietors of the business (i.e., the ordinary shareholders) are in the fortunate position of being able to anticipate a higher range of profits in the future (owing 44 to the anticipated increase in the earning power of capital) without having to provide for any higher rate of interest on the preference capital or the borrowed money which helps to earn the prolits of the business. In broad terms it may be said that a certain transfer of wealth has taken place from the preference shareholder and the debenture-holder to the ordinary shareholder. This process, however, has been a gradual one and one that has been in progress since the outbreak of war, and while the decline in the value of preference and debenture securities can be easily measured and has now made itself fully effective, the corresponding addition to the value of the ordinary shareholder's rights, being more problematical and less easily measured, has probably not yet made itself fully felt in the market valuation of ordinary shares. 12. The preceding paragraphs have been addressed to the question how the " unrevealed value " in the assets of public companies comes to exist. The question also arises in what way, if at all, this " unrevealed value " ought to be brought within the scope of a duty on war-time wealth. The suggestion might be made that the " unrevealed value" at the post-war date ought to be ascertained and subjected to a tax, but upon examination this suggestion would appear untenable. The tax, if imposed, would (it may be assumed) be a tax on companies, ancillary to the main War Levy and designed to prevent a leiikage in that duty. If, however, the " unrevealed value " at the post-war date is po greater than the " unrevealed value " at the pre-war date, it will be seen that its existence will not affect the amount of increase of capital revealed in returns made by individuals for purposes of the Levy. All that will happen in such a case will, broadly speaking, be that, when the individual shareholders in the particular company make their returns for purposes of the Levy, they will return the value of their shares in the company both at the pre-war date and at the post-war date at a figure slightly less than the true value, but less by the same amount at each date. The amount of increase in their capital will therefore be unaffected. 13. The case in which leakage might arise is the case in which the "unrevealed value" at the post-war date is greater that the " unrevealed value " at the pre-war date. For example : — At the pre-war date the market capitalisation of a Company's ^ shnres was ... ... ... 250,000 and the value of the Company's business as a going concern was ... 250,000 There was therefore no "unrevealed value" at that date. But at the post-war date, while the market capitalisation was ... 350,000 the value of the Company's business as a going concern was ... 375,000 and there was therefore an "unrevealed value" of ... 25,000 This post-war " unrevealed value " of £25,000 (which had no counterpart at the pre-war date) is in effect a war-time inci*ease which is not reflected in share values and of which no part will be included for purposes of the Levy in the returns of any individuals. 14. This illustration will indicate that, if the duty be imposed, it should be imposed only on the excess of the post-war " unrevealed value " over the pre-war " unrevealed value." It would seem right also to bear in mind that many shares in public companies are held by individuals who would not be liable to the War Levy, by reason either of their not having enjoyed an increase of capital during the war or of . their wealth being below the limit fixed for exemption from the duty. This would suggest that if a duty were imposed (upon the excess of the post-war " unrevealed value " over the pre-war " unrevealed value ") it would be adequate to impose it at a low flat rate. 15. The character of the problem having been indicated, it remains to consider whether it would be practicable to evaluate the "unrevealed value" in the assets of a company so as to. impose in respect thereof any duty which might be considered appropriate. 16. It is, of course, easy to arrive at the market capitalisation of the assets of a company as evidenced by the quoted values of shares and debentures ; that is a mere question of arithmetic. On the other hand, it will be appreciated that it is a matter of grave practical difficulty to arrive precisely at the value of a business of a company as a going concern and to demonstrate how far that value diverges from the market capitalisa- tion of its assets. Although the balance-sheet of a public company made up at any date gives a general conspectus of the position of the company at that date, it does not purport to represent the value of the business as a going concern. Assets of a business are often entered in a balance sheet at cost price, less allowances for wear and tear, &c., (a figure which may correspond, but does not necessarily correspond, fairly closely with their market value at the time), but on the other hand it is not an uncommon practice in the 45 Ciiwj of prudently iiiuiiagrMi buMirieH»e» t<* write Home of the a«i«.'tM ititi value of a proxperou^ bosineM may lie in what in tcriue« products or itM general reputation) of continuing to earn in the future a rate of profit greater tlmn die normal iMiMiiiiiiiii return (iiK)n capital which invcHtorH would require ua an incentive to inveiit their money in the buHincHH. NumlN:rH of public com{ianie» include in. their baUnoe HheetB no entry for gcKidwill, even though the goo Total market capi^-alisation Ordinary shares at ... 2 j Excess of assets over market capitalisation In 191.S. Net valuation of assets (including goodwill) Debentures at ...100.| 1 Preference shares at ... l| >- Total market capitalisation Ordinary shares at ... 2{^q j 750,000 100,000 775,000 975,000 Deficiency in valuation of assets as compared with market capitalisation ... ... ... ... ... ... 200,000 Net assets increased by .. . ... ..'. ... ... £75,000 Market capitalisation decreased by ... ... ... £225,000 47 " B." • In 1918. Net valuation of aMwtH (including gcxxivrill) Debentures at t.. ... 75^^ Preference Rharet at ... l^g > Total market capitaliiiation Ordinary Hhares at ... l|J Excess of assets over market capitalisation In 1913. Net valuation of assets (including goodwill) Debentures 1 IVeference Hliares at ... l/o }■ Total market capitalisation Ordinary s ) at ^^^^i) Hliares at ... l/o >'\ hares at ... ^H ) Deficiency in valuation of assets as comparer! with market capitalisation Increase in assets Decrease in capitalisation 1,000,000 800,000 100,000 980,0(K) 1,000,000 20,000 £20,000 £200,000 (I Q " In 1918. Net valuation of assets (including goodwill) Debentures at 62 J ~| Preference shares at ... ,^ !] > Total market capitalisation Ordinary shares at ... l|j Excess of assets over market capitali?ation In 1913. Net valuation of assets (including goodwill) Debentures at ... 771 Preference shares at -nr r Total market capitalisation Ordinary shares at ^^ J Excess of assets over market capitalisation 330,000 250,000 80,000 300,000 160,000 140,000 Increase in assets Increase in capitalisation £30,000 £90,000 /' ■ VH niC99