Page:United States Statutes at Large Volume 72 Part 1.djvu/1341

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PUBLIC LAW 85-859-SEPT. 2, 1958 " Subpart B—Miscellaneous Provisions

"Sec. 4351. Definitions. "Sec. 4352. Affixing of stamps. "Sec. 4353. Payment of tax through national securities exchanges without use of stamps. "Sec. 4354. Cross references. "SEC. 4351. DEFINITIONS. " (a) EEGISTERED NOMINEE.—For purposes of this subchapter, the term 'registered nominee' means any person registered in accordance with such regulations as the Secretary or his delegate shall prescribe. "(b) SALE OR TRANSFER.—For purposes of this subchapter, the term 'sale or transfer' means any sale, agreement to sell, memorandum of sale or delivery, or transfer of legal title, whether or not shown by the books of the corporation or other organization (or by any assignment in blank, or by any delivery, or by any paper or agreement or memorandum or other evidence of transfer or sale), and whether or not the holder acquires a beneficial interest in the instruments. "SEC. 4352. AFFIXING OF STAMPS. "The stamps representing the taxes imposed by section 4321 and section 4331 shall be affixed to— " (1) INSTRUMENT.—The instrument where the change of ownership is by transfer of the instrument. "(2) BILL OR MEMORANDUM or SALE.—The bill or memorandum of sale in cases of an agreement to sell or where the transfer is by delivery of the instrument assigned in blank. Such bill or memorandum of sale shall be made and delivered by the seller to the buyer, and shall show the date thereof, the name of the seller, the amount of the sale, and the instrument to which it refers. "SEC. 4353. PAYMENT OF TAX THROUGH NATIONAL SECURITIES EXCHANGES WITHOUT USE OF STAMPS. " (a) GENERAL RULE.—Under regulations prescribed by the Secretary or his delegate, if a member of d securities exchange which is registered with the Securities and Exchange Commission as a national securities exchange appoints such exchange, or the clearinghouse for such exchange, as his agent for purposes of paying the taxes imposed by sections 4321 and 4331 in respect of his transactions, the taxes imposed by such sections in respect of such transactions may be paid through such agent without the use of stamps. " (b) TREATMENT AS STAMP T A X. — For purposes of this title— "(1) any tax which is payable as provided under subsection (a) shall be treated as tax payable by stamp, and "(2) any amount of tax which is paid as provided under subsection (a) shall be treated as tax paid by stamp. "SEC. 4354. CROSS REFERENCES. "For penalties and other general and administrative provisions applicable to this subchapter, see section 4384 and subtitle F.

"Subchapter C—Conveyances "Sec. 4361. Imposition of tax. "Sec. 4362. Exemptions. "Sec. 4363. Cross references. "SEC. 4361. IMPOSITION OF TAX. "There is hereby imposed, on each deed, instrument, or writing by which any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property

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