CASH CAPITAL

2 definitions found across Law Mind sources

CASH CAPITALAuthored
The Law Mind • 707 words
Definition
Cash capital refers to the portion of a person's or entity's capital that consists of money — whether physically held or deployed in interest-bearing obligations. In the taxation context where the term most commonly appears, cash capital encompasses both money in hand and money owed to the assessed party on interest-bearing accounts or loans. It is distinct from capital invested in physical assets, inventory, or other non-monetary property. The term surfaces primarily in the context of personal property taxation under municipal or state charters. When a taxing authority is empowered to assess "all personal property and choses in action," cash capital falls within that reach — covering not only currency and deposits on hand but also receivables and money lent at interest.
Why It Matters in Research
Researchers working with nineteenth- and early twentieth-century municipal tax records, charter disputes, or personal property assessment cases should recognize that "cash capital" was a term of art used to define the taxable base for certain classes of intangible wealth. Its scope — particularly whether it included money lent at interest — was not always self-evident and was the subject of interpretive disputes. The key research trap is assuming that "cash capital" in historical sources refers only to liquid cash on hand. The Kentucky opinion cited in Bouvier's makes clear that the term was interpreted broadly to include choses in action in the form of interest-bearing obligations. A researcher relying on a narrow reading of the term could underestimate the taxable base in a historical assessment, or misread a taxpayer's challenge to an assessment. This term connects most directly to personal property taxation doctrine and to the broader question of how intangible property was defined and taxed before modern income tax frameworks displaced older property-based regimes. Researchers tracing the evolution of capital taxation should note that the concept embedded in "cash capital" — taxing money at interest alongside money in hand — anticipates later distinctions between ordinary income and capital gains that now govern taxation of monetary assets. For corporate law researchers, the term also has relevance in early capitalization contexts, where the composition of a corporation's paid-in capital (whether cash or property contributions) affected statements of capitalization and par value. See the encyclopedia entry on capitalization and stated capital for that dimension.
Historical Dictionary Support
Bouvier's Law Dictionary provides the only formal historical legal definition of this term in the Law Mind corpus. Bouvier's frames the term narrowly in the taxation context: cash capital applies to money owing and on interest, as well as to money in hand, where a charter authorizes taxation of all personal property and choses in action. The citation to a Kentucky opinions reporter grounds the definition in interpretive case law rather than statute, which is characteristic of how personal property tax concepts developed — through judicial construction of broad charter language. Bouvier's does not address cash capital in corporate formation or securities contexts, and historical legal dictionaries generally do not develop the term beyond the tax assessment meaning. This is a gap for researchers: by the early twentieth century, "cash capital" also appeared in banking regulation and corporate finance discussions to distinguish liquid monetary contributions from property or services contributed to a venture. Those uses are not captured in the historical dictionary literature and must be traced through treatises, regulatory materials, and case law directly.
Jurisdictional Note
The Bouvier's definition traces to a Kentucky opinion and is grounded in that state's charter-based taxation framework. The precise scope of "cash capital" in personal property tax contexts varied by jurisdiction depending on how each state or municipality defined the taxable base. Researchers should not assume the Kentucky construction applies uniformly across other states' historical tax regimes.
Encyclopedia Cross-Reference
Corporate Finance — Capitalization, Par Value, and Stated Capital (The Law Mind Business Organizations & Corporate Law Encyclopedia) Gross Income — Bartering and Non-Cash Income (The Law Mind Tax Encyclopedia)
Related Terms
Capital — Chose in Action — Personal Property Tax — Stated Capital — Paid-In Capital — Intangible Property — Money at Interest — Taxable Base — Par Value — Capitalization
CASH CAPITALmain
Bouvier's Law Dictionary • 1928
Where a town charter authorizes the taxation of all personal property and choses in action, the term "cash capital" applies to money owing and on interest, as well as to money in the hands of the person assessed. 10 Ky. Opin. 861.

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