Income Tax Act 1805

Duty on Trade how to be charged.

CIV. And be it further enacted, That the Computation of the Duty to be charged in respect of any Profession, Trade, of Manufacture, or any Adventure or Concern, whether carried on by any Person singly, or by any One or more Persons jointly, or by any Corporation, Company, Fraternity, or Society, shall be made exclusive of the Profits or Gains arising from Lands, Tenements, or Hereditaments, occupied by joint Partners for the Purpose of such Profession, Trade, Manufacture, Adventure, or Concern; and the Computation of Duty arising in respect of any Profession, Trade, Manufacture, Adventure, or Concern, carried on by Two or more Persons jointly, shall be made and stated jointly and in one Sum, and separately and distinctly from any other Duty chargeable on the same Persons, or either or any of them; and that the Return of the Partner who shall be first named in the Deed, Instrument, or other Agreement of Copartnership (or where there shall be no such Deed, Instrument, or Agreement then of the Partner who shall be named singly or with Precedence to the other Partner or Partners, in the usual Name, Stile, or Firm of such Copartnership; or where such precedent Partner shall not be an acting Partner, then of the precedent acting Partner) and who shall be resident in Great Britain, and who is hereby required to make such Return on Behalf of himself, and the other Partner or Partners, whose Names and Residences shall also be declared in such Return, and shall be sufficient Authority to charge such Partners jointly: Provided always, that where no such Partner shall be resident in Great Britain, then the Statements shall be prepared and delivered by their Agent, Manager, or Factor, resident in Great Britain, jointly for such Partners, and such joint Assessements shall be made in the Partnership Name, Stile, Firm, or Description: Provided also, that if the said Partners shall declare the Proportions of their respective Shares in such Profession or Concern, in order to a separate Assessment, it shall be lawful to charge them separately and respectively at the Rate which such Proportions shall be chargeable with by virtue of this Act; but if no such Declaration be made, then such Assessment shall be made jointly according to the Amount of the Profits and Gains of such Partnership: Provided also, that any joint Partner in such Profession or Concern which shall have been already returned by such precedent Partner as aforesaid, may return his Name and Place of Abode, and that he is such Partner, without returning the Amount of Duty payable in respect thereof, unless the Commissioners respectively shall think proper to require further Returns, in which Case, it shall be lawful for such Commissioners to require from every such Partner the like Returns; and the like Information and Evidence, as they are hereby entitled to require from the Partner making the Return of Duty.