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IC 6-1.1-8-1
Property owned or used by public utility company
Sec. 1. The property owned or used by a public utility company
shall be taxed in the manner prescribed in this chapter. Property used
by a public utility company consists of property which the company
uses under an agreement whereby the company exercises the
beneficial rights of ownership for the major part of a year. When
reference is made in this chapter to the "property of" a public utility
company or to the public utility "company's property", the reference
includes the property owned or used by that company.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-8-2
Definitions
Sec. 2. As used in this chapter:
(1) The term "bridge company" means a company which owns or
operates a toll bridge or an approach or facility operated in
connection with such a bridge.
(2) The term "bus company" means a company (other than a street
railway company) which is principally engaged in the business of
transporting persons for hire by bus in or through two (2) or more
townships of this state.
(3) The term "definite situs" means a permanent location in one
(1) taxing district or a customary location for use in one (1) taxing
district.
(4) The term "express company" means a company which is
engaged in the business of transporting property by land, air, or
water, and which does not itself operate the vehicles (except for
terminal pickup and delivery vehicles) of transportation.
(5) The term "light, heat, or power company" means a company
which is engaged in the business of furnishing light, heat, or power
by electricity, gas, or steam.
(6) The term "pipe line company" means a company which is
engaged in the business of transporting or transmitting any gas or
fluid (except water) through pipes.
(7) The term "property" includes both tangible and intangible
property.
(8) The term "public utility company" means a company which is
subject to taxation under this chapter regardless of whether the
company is operated by an individual, a partnership, an association,
a corporation, a limited liability company, a fiduciary, or any other
entity.
(9) The term "railroad company" means a company which owns
or operates:
(i) a steam or electric railroad;
(ii) a suburban or interurban railroad;
(iii) a switching or terminal railroad;
IC 6-1.1-8-3
Companies subject to taxation
Sec. 3. (a) Except as provided in subsection (c), the following
companies are subject to taxation under this chapter:
(1) Each company which is engaged in the business of
transporting persons or property.
(2) Each company which is engaged in the business of selling
or distributing electricity, gas, steam, or water.
(3) Each company which is engaged in the business of
transmitting messages for the general public by wire or
airwaves.
(4) Each company which is engaged in the business of operating
a sewage system or a sewage treatment plant.
(b) The companies which are subject to taxation under this
chapter include, but are not limited to:
(1) bridge companies;
(2) bus companies;
(3) express companies;
(4) light, heat, or power companies;
(5) pipeline companies;
IC 6-1.1-8-4
Companies within and partially outside state; tax determinations
Sec. 4. (a) If a public utility company operates a system partially
within and partially without this state, the company's property which
is subject to taxation under this chapter is:
(1) that property which has a definite situs in this state; and
(2) that property which does not have a definite situs either in
this state or in any other state and which the department of local
government finance determines is taxable in this state.
(b) To determine the value of an interstate public utility
company's property which does not have a definite situs either in this
state or in any other state and which is taxable in this state, the
department of local government finance shall consider the value of
all the company's property which does not have a definite situs and
shall allocate a reasonable portion of that property to this state. The
department of local government finance shall make the allocation in
a manner which is fair to both the state and the company.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.2, SEC.11; P.L.90-2002, SEC.57.
IC 6-1.1-8-5
Fixed property; definite-situs distributable property;
indefinite-situs distributable property
Sec. 5. The property owned or used by the various public utility
companies is classified under sections 6 through 18 of this chapter
as fixed property, definite-situs distributable property, or
indefinite-situs distributable property. When a reference is made in
this chapter to fixed property, definite-situs distributable property, or
indefinite-situs distributable property, the classifications contained
in sections 6 through 18 of this chapter apply.
IC 6-1.1-8-6
Bridge companies
Sec. 6. (a) The fixed property of a bridge company consists of real
property which is not part of a bridge head or right-of-way of the
company. The remainder of the bridge company's property is
distributable property.
(b) A bridge company's definite-situs distributable property
consists of:
(1) bridges;
(2) land on which bridge heads are located; and
(3) the company's rights-of-way.
(c) A bridge company's property which is not described in
subsection (a) or (b) is indefinite-situs distributable property. The
department of local government finance shall apportion and
distribute the assessed valuation of this property among the taxing
districts in which the company has property that is described in either
subsection (a) or (b). The amount which the department of local
government finance shall distribute to a taxing district equals the
product of (1) the total assessed valuation of the bridge company's
indefinite-situs distributable property, multiplied by (2) a fraction,
the numerator of which is the value of the company's property which
is located in the taxing district and which is described in either
subsection (a) or (b), and the denominator of which is the value of
the company's property which is located in this state and which is
described in either subsection (a) or (b).
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.2, SEC.12; P.L.90-2002, SEC.58.
IC 6-1.1-8-7
Bus companies
Sec. 7. (a) The fixed property of a bus company consists of real
property and tangible personal property which is located within or on
the real property.
(b) A bus company's property which is not described in subsection
(a) is indefinite-situs distributable property. This property includes,
but is not limited to, buses and other mobile equipment. The
department of local government finance shall apportion and
distribute the assessed valuation of this property among the taxing
districts in or through which the company operates its system. The
amount which the department of local government finance shall
distribute to a taxing district equals the product of (1) the total
assessed valuation of the bus company's indefinite-situs distributable
property, multiplied by (2) a fraction, the numerator of which is the
company's average daily regularly scheduled passenger vehicle route
miles in the taxing district, and the denominator of which is the
company's average daily regularly scheduled passenger vehicle route
miles in this state.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.59.
IC 6-1.1-8-8
Express companies
Sec. 8. (a) The fixed property of an express company consists of
real property and tangible personal property which has a definite
situs. The remainder of the express company's property is
indefinite-situs distributable property.
(b) The department of local government finance shall apportion
and distribute the assessed valuation of an express company's
indefinite-situs distributable property among the taxing districts in
which the fixed property of the company is located. The amount
which the department of local government finance shall distribute to
a taxing district equals the product of (1) the total assessed valuation
of the express company's indefinite-situs distributable property,
multiplied by (2) a fraction, the numerator of which is the value of
the company's fixed property which is located in the taxing district,
and the denominator of which is the value of the company's fixed
property which is located in this state.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.60.
IC 6-1.1-8-9
Light, heat, or power companies
Sec. 9. (a) The fixed property of a light, heat, or power company
consists of:
(1) automotive and other mobile equipment;
(2) office furniture and fixtures;
(3) other tangible personal property which is not used as part of
the company's production plant, transmission system, or distribution
system; and
(4) real property which is not part of the company's right-of-ways,
transmission system, or distribution system.
(b) A light, heat, or power company's property which is not
described as fixed property in subsection (a) of this section is
definite-situs distributable property. This property includes, but is
not limited to, turbo-generators, boilers, transformers, transmission
lines, distribution lines, and pipe lines.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-8-10
Pipe line companies
Sec. 10. (a) The fixed property of a pipe line company consists of:
(1) real property which is not part of a pipe line or right-of-way
of the company; and
(2) tangible personal property which is not part of the
company's distribution system.
(b) A pipe line company's property which is not described in
subsection (a) is indefinite-situs distributable property. The
department of local government finance shall apportion and
distribute the assessed valuation of this property among the taxing
districts in which the company's pipe lines are located. The amount
which the department of local government finance shall distribute to
a taxing district equals the product of (1) the total assessed valuation
of the pipe line company's indefinite-situs distributable property,
multiplied by (2) a fraction, the numerator of which is the length of
the company's pipe lines in the taxing district, and the denominator
of which is the length of the company's pipe lines in this state.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.61.
IC 6-1.1-8-11
Railroad companies
Sec. 11. (a) The fixed property of the railroad company consists
of real property which is not required for the operation of the railroad
and tangible personal property which is located within or on that real
property. The remaining property of the railroad company is
distributable property.
(b) A railroad company's definite-situs distributable property
consists of the company's:
(1) rights-of-way and road beds;
(2) station and depot grounds;
(3) yards, yard sites, superstructures, turntable, and turnouts;
(4) tracks;
(5) telegraph poles, wires, instruments, and other appliances,
which are located on the right-of-ways; and
(6) any other buildings or fixed situs personal property used in
the operation of the railroad.
(c) A railroad company's property which is not described in
subsection (a) or (b) is indefinite-situs distributable property. This
property includes, but is not limited to, rolling stock. The department
of local government finance shall apportion and distribute the
assessed valuation of this property among the taxing districts in
which the railroad company operates its system. The amount which
the department of local government finance shall distribute to a
taxing district equals the product of (1) the total assessed valuation
of the railroad company's indefinite-situs distributable property,
multiplied by (2) a fraction, the numerator of which is the relative
value of the company's main lines, branch lines, main tracks, second
main tracks, and sidetracks, including all leased lines and tracks,
which are located in the taxing district, and the denominator of which
is the relative value of the company's main lines, branch lines, main
tracks, second main tracks, and sidetracks, including all leased lines
and tracks, which are located in this state.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.62.
IC 6-1.1-8-12
Railroad car companies
Sec. 12. (a) The fixed property of a railroad car company consists
of real property and tangible personal property which has a definite
situs. The remainder of the railroad car company's property is
indefinite-situs distributable property.
(b) The department of local government finance shall assess a
railroad car company's indefinite-situs distributable property on the
basis of the average number of cars owned or used by the company
within this state during the twelve (12) months of the calendar year
preceding the year of assessment. The average number of cars within
this state equals the product of:
(1) the sum of "M" plus "E"; multiplied by
(2) a fraction, the numerator of which is "N", and the
denominator of which is the number two (2).
"M" equals the mileage traveled by the railroad car company's cars
in this state divided by the mileage traveled by the company's cars
both within and outside this state. "E" equals the earnings generated
by the company's cars in this state divided by the earnings generated
by the company's cars both within and outside this state. "N" equals
the total number of cars owned or used by the company both within
and outside this state.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.2, SEC.13; P.L.78-1987, SEC.1; P.L.90-2002, SEC.63.
IC 6-1.1-8-12.5
Repealed
(Repealed by P.L.59-1985, SEC.37.)
IC 6-1.1-8-13
Sleeping car companies
Sec. 13. (a) The fixed property of a sleeping car company consists
of real property and tangible personal property which has a definite
situs.
(b) A sleeping car company's property which is not described in
subsection (a) is indefinite-situs distributable property. The
department of local government finance shall apportion and
distribute the assessed valuation of this property among the taxing
districts in or through which the company operates cars. The
department of local government finance shall make the
apportionment in a manner which it considers fair.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.64.
IC 6-1.1-8-14
Street railway companies
Sec. 14. (a) The fixed property of a street railway company
consists of:
(1) real property which is not part of the company's tracks or
rights-of-way; and
(2) tangible personal property which is located within or on the
real property described in subdivision (1).
(b) A street railway company's property which is not described in
subsection (a) is distributable property. This property includes, but
is not limited to:
(1) rights-of-way of the company;
(2) tangible personal property which is located on a
right-of-way of the company; and
(3) rolling stock.
(c) The department of local government finance shall apportion
and distribute the assessed valuation of a street railway company's
indefinite-situs distributable property among the taxing districts in or
through which the company operates its system. The amount which
the department of local government finance shall distribute to a
taxing district equals the product of (1) the total assessed valuation
of the street railway company's indefinite-situs distributable property,
multiplied by (2) a fraction, the numerator of which is the company's
average daily regularly scheduled passenger vehicle route miles in
the taxing district, and the denominator of which is the company's
average daily regularly scheduled passenger vehicle route miles in
this state.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.2, SEC.14; P.L.90-2002, SEC.65.
IC 6-1.1-8-15
Telephone, telegraph, or cable companies
Sec. 15. (a) The fixed property of a telephone, telegraph, or cable
company consists of:
(1) tangible personal property which is not used as part of the
distribution system of the company; and
(2) real property which is not part of the company's
rights-of-way or distribution system.
(b) A telephone, telegraph, or cable company's property which is
not described under subsection (a) is indefinite-situs distributable
property. The department of local government finance shall
apportion and distribute the assessed valuation of this property
among the taxing districts in which the company's lines or cables,
including laterals, are located. The amount which the department of
local government finance shall distribute to a taxing district equals
the product of (1) the total assessed valuation of the telephone,
telegraph, or cable company's indefinite-situs distributable property,
multiplied by (2) a fraction, the numerator of which is the length of
the company's lines and cables, including laterals, which are located
in the taxing district, and the denominator of which is the length of
the company's lines and cables, including laterals, which are located
in this state.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.66.
IC 6-1.1-8-16
Tunnel companies
Sec. 16. (a) The fixed property of a tunnel company consists of
real property which is not part of a right-of-way of the company. The
remainder of the tunnel company's property is distributable property.
(b) A tunnel company's definite-situs distributable property
consists of the company's tunnels and rights-of-way.
(c) A tunnel company's property which is not described in
subsection (a) or (b) is indefinite-situs distributable property. The
department of local government finance shall apportion and
distribute the assessed valuation of this property among the taxing
districts in which the company has property that is described in either
subsection (a) or (b). The amount which the department of local
government finance shall distribute to a taxing district equals the
product of (1) the total assessed valuation of the tunnel company's
indefinite-situs distributable property, multiplied by (2) a fraction,
the numerator of which is the value of the company's property which
is located in the taxing district and which is described in either
subsection (a) or (b), and the denominator of which is the value of
the company's property which is located in this state and which is
described in either subsection (a) or (b).
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.67.
IC 6-1.1-8-17
Water distribution companies
Sec. 17. (a) The fixed property of a water distribution company
consists of:
(1) tangible personal property which is not used as part of the
company's distribution system; and
(2) real property which is not part of the company's
rights-of-way or distribution system.
A well, settling basin, or reservoir (except an impounding reservoir)
is not fixed property of a water distribution company if it is used to
store treated water or water in the process of treatment.
(b) A water distribution company's property which is not
described as fixed property under subsection (a) is indefinite-situs
distributable property. The department of local government finance
shall apportion and distribute the assessed valuation of this property
among the taxing districts in which the company's water mains,
including feeder and distribution mains, are located. The amount
which the department of local government finance shall distribute to
a taxing district equals the product of (1) the total assessed valuation
of the water distribution company's indefinite-situs distributable
property, multiplied by (2) a fraction, the numerator of which is the
length of the company's water mains, including feeder and
distribution mains, which are located in the taxing district, and the
denominator of which is the length of the company's water mains,
including feeder and distribution mains, which are located in this
state.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.68.
IC 6-1.1-8-19
Statement of value and description of property; filing deadline
Sec. 19. Each year a public utility company shall file a statement
concerning the value and description of the property which is either
owned or used by the company on the assessment date of that year.
The company shall file this statement with the department of local
government finance on the form prescribed by the department. The
department of local government finance may extend the due date for
a statement. Unless the department of local government finance
grants an extension, a public utility company shall file its statement
for a year:
(1) on or before March 1st of that year unless the company is a
railroad car company; or
(2) on or before May 1st of that year if the company is a
railroad car company.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,
P.L.66, SEC.4; P.L.59-1985, SEC.3; P.L.90-2002, SEC.70.
IC 6-1.1-8-20
Failure to file statement; penalty; action by attorney general
Sec. 20. (a) If a public utility company does not file a statement
with the department of local government finance on or before the
date prescribed under section 19 of this chapter, the company shall
pay a penalty of one hundred dollars ($100) per day for each day that
the statement is late.
(b) The department of local government finance shall notify the
attorney general if a public utility company fails to file a statement
on or before the due date. The attorney general shall then bring an
action in the name of this state to collect the penalty due under this
section.
(c) The state auditor shall deposit amounts collected under this
section in the state treasury for credit to the state general fund.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.64-1983,
SEC.4; P.L.59-1985, SEC.4; P.L.90-2002, SEC.71.
IC 6-1.1-8-21
Copies of various reports; requests from department of local
government finance
Sec. 21. The department of local government finance may ask a
public utility company to provide the department with copies of any
reports which the company has filed with a state or federal agency if:
(1) the reports are related to the valuation, assessment, or
taxation of the company's property; and
(2) the agency has either regulatory or taxing authority.
If the department of local government finance makes such a request,
the company shall provide the department with copies of the reports.
The department of local government finance may also inspect the
original reports filed by the company regardless of whether or not the
department has obtained copies of the reports from the company. In
addition, the department of local government finance may inspect a
public utility company's property, books, and records.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.72.
IC 6-1.1-8-22
Assessment by department of local government finance
Sec. 22. The department of local government finance shall assess
the property of a public utility company based upon the information
available to the department if the company:
(1) does not file a statement which is required under section 19
of this chapter;
(2) does not permit the department to examine the company's
property, books, or records; or
(3) does not comply with a summons issued by the department.
An assessment which is made by the department of local government
finance under this section is final unless the company establishes that
the department committed actual fraud in making the assessment.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.73.
IC 6-1.1-8-23
Filing statement with township and county assessors
Sec. 23. Each year a public utility company shall file a statement
with the assessor of each township (if any) and county assessor of
each county in which the company's property is located. The
company shall file the statement on the form prescribed by the
department of local government finance. The statement shall contain
a description of the company's tangible personal property located in
the township or county.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.78-1987,
SEC.2; P.L.3-1989, SEC.31; P.L.6-1997, SEC.30; P.L.90-2002,
SEC.74; P.L.146-2008, SEC.97.
IC 6-1.1-8-24
Township assessor or county assessor determination of assessed
values
Sec. 24. (a) Each year, a township assessor, or the county assessor
if there is no township assessor for the township, shall assess the
fixed property that as of the assessment date of that year is:
(1) owned or used by a public utility company; and
(2) located in the township or county.
(b) The township or county assessor shall determine the assessed
value of fixed property. A township assessor shall certify the
assessed values to the county assessor on or before April 1 of the
year of assessment. However, in a county with a township assessor
in every township, the township assessor shall certify the list to the
department of local government finance. The county assessor shall
review the assessed values and shall certify the assessed values to the
department of local government finance on or before April 10 of that
year.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.24-1986,
SEC.11; P.L.6-1997, SEC.31; P.L.90-2002, SEC.75; P.L.88-2005,
SEC.10; P.L.146-2008, SEC.98.
IC 6-1.1-8-25
Assessment of distributable property
Sec. 25. (a) Each year the department of local government finance
shall assess the distributable property which as of the assessment
date of that year is owned or used by a public utility company. The
department of local government finance shall determine the assessed
value of distributable property. The department of local government
finance shall equalize its assessments of distributable property in the
same manner that it equalizes assessments of tangible property under
IC 6-1.1-14.
(b) The department of local government finance shall distribute
the assessed valuation of definite-situs distributable property to the
taxing district in which the property is located. Except as provided
in section 35 of this chapter, the department of local government
finance shall apportion and distribute the assessed valuation of
indefinite-situs distributable property in the manner prescribed in
sections 6 through 18 of this chapter. However, this subsection does
not apply to that distributable property which is taxed under section
35 of this chapter.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,
P.L.66, SEC.5; Acts 1981, P.L.67, SEC.1; P.L.24-1986, SEC.12;
P.L.6-1997, SEC.32; P.L.90-2002, SEC.76.
IC 6-1.1-8-26
Valuation of company property
Sec. 26. (a) On or before June 1st of each year, the department of
local government finance shall determine the just value of the
property of each public utility company. Except for railroad car
companies, the department of local government finance shall
determine that just value by first determining the approximate unit
value of each public utility company. The value of the distributable
property of a public utility company, other than a railroad car
company, equals the remainder of:
IC 6-1.1-8-27
Certification of assessed value; notification of appeal; review by
county assessor
Sec. 27. (a) As soon as the department of local government
finance determines its final assessments of distributable property, the
department shall certify to the county assessor and the county auditor
of each county the distributable property assessed values which the
department determines are distributable to the taxing districts of the
county. In addition, if a public utility company has appealed the
department of local government finance's final assessment of the
company's distributable property, the department shall notify the
county auditor of the appeal.
(b) The county assessor shall review the department of local
government finance's certification to determine if any of a public
utility company's property which has a definite situs in the county
has been omitted. The county auditor shall enter for taxation the
assessed valuation of a public utility company's distributable
property which the department distributes to a taxing district of the
county.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.78; P.L.256-2003, SEC.2.
IC 6-1.1-8-29
Preliminary conference; notice of final assessment
Sec. 29. (a) If a public utility company files its objections to a
tentative assessment within the time allowed under section 28(c) of
this chapter, the department of local government finance may hold a
preliminary conference on the tentative assessment at a time and
place fixed by the department. After the preliminary conference, if
any, the department of local government finance shall:
(1) make a final assessment of the company's distributable
property; and
(2) notify the company of the final assessment.
(b) The department of local government finance must give notice
of the final assessment under this section not later than:
(1) September 30 in the case of railroad car companies; and
(2) June 30 in the case of all other public utility companies.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,
P.L.66, SEC.8; P.L.59-1985, SEC.7; P.L.90-2002, SEC.80;
P.L.154-2006, SEC.6.
IC 6-1.1-8-30
Appeal to Indiana board; appeal to tax court
Sec. 30. (a) A public utility company may initiate an appeal of the
final assessment of the company's distributable property by filing a
petition with the Indiana board not later than forty-five (45) days
after:
(1) the public utility company receives notice of the tentative
assessment under section 28(a) of this chapter if the final
assessment becomes final under section 28(d) of this chapter;
or
(2) the department of local government finance gives the public
utility company notice of the final determination under section
29(a) of this chapter.
(b) A public utility company may petition for judicial review of
the Indiana board's final determination to the tax court under
IC 6-1.1-15-5. However, the company must:
(1) file a petition for judicial review; and
(2) mail to the county auditor of each county in which the
public utility company's distributable property is located:
(A) a notice that the petition was filed; and
(B) instructions for obtaining a copy of the petition;
not later than forty-five (45) days after the date of the notice of the
Indiana board's final determination.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.291-1985,
SEC.2; P.L.198-2001, SEC.24; P.L.178-2002, SEC.13;
P.L.154-2006, SEC.7; P.L.219-2007, SEC.17.
IC 6-1.1-8-31
Appeal of final judgment; court procedure
Sec. 31. When a public utility company petitions for judicial
review under section 30 of this chapter, the tax court shall:
(1) try the case without a jury;
(2) give preference to the case to ensure a prompt trial;
(3) review the Indiana board's final determination;
(4) presume the findings of the Indiana board are correct; and
(5) order the department of local government finance to file
certified copies of the department's records related to the
assessment if the company asks the court to issue such an order.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.78-1987,
SEC.3; P.L.198-2001, SEC.25.
IC 6-1.1-8-32
Setting aside final determination; grounds
Sec. 32. When a public utility company initiates an appeal under
section 30 of this chapter, the tax court may set aside the Indiana
board's final determination and direct the Indiana board to refer the
matter to the department of local government finance with
instructions to make another assessment if:
(1) the company shows that the department's final assessment,
the department's apportionment and distribution of the final
assessment, or the Indiana board's final determination is clearly
incorrect because the department or the Indiana board violated
the law or committed fraud; or
(2) the company shows that the department's final assessment
is not supported by substantial evidence.
IC 6-1.1-8-34
Rate of tax; time of payment
Sec. 34. Except for:
(1) a railroad car company's indefinite-situs distributable
property; and
(2) the distributable property of a railroad company that
provides service within a commuter transportation district
established under IC 8-5-15 and utilizes electricity to power
substantially all of its railroad passenger cars;
the various taxing units shall tax public utility company property
assessed for a particular year at the same tax rates at which tangible
property assessed for that same year is taxed. The public utility
companies shall pay the taxes in the year following the year of
assessment at the same time that taxes on tangible property are due
under IC 6-1.1-22-9.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,
P.L.67, SEC.2.
IC 6-1.1-8-35
Indefinite-situs distributable property of railroad car companies;
distributable property of certain railroads; computation of tax;
disposition of tax proceeds
Sec. 35. (a) Each year the department of local government finance
shall tax:
(1) the indefinite-situs distributable property of railroad car
companies; and
(2) the distributable property of a railroad company that
provides service within a commuter transportation district
established under IC 8-5-15 and utilizes electricity to power
substantially all of its railroad passenger cars.
The department of local government finance shall compute the tax on
a railroad car company's indefinite-situs distributable property based
upon the average property tax rate in this state. The average property
tax rate in this state for a year equals (A) the total of the property
taxes in this state that will come due during that year divided by (B)
the total net assessed valuation of property in this state for the
preceding year's assessment. The department of local government
finance shall base its computation of the average property tax rate for
a year upon information which is available to the department as of
December 31 of the preceding year. The department of local
government finance shall compute the tax on a railroad company's
distributable property based upon the average property tax rate that
is imposed by taxing districts that are located in any county in which
a railroad company, that is taxed under this section, provides railroad
services. The average property tax rate of taxing districts that are
located in any county in which a railroad company that is taxed
under this section equals (i) the total of the property taxes in those
taxing districts that will come due during that year divided by (ii) the
total net assessed valuation of property in those districts for the
preceding year's assessment. The department of local government
finance shall base its computation on the average property tax rate
for a year upon information which is available to the board as of
December 31 of the preceding year.
(b) The department of local government finance shall certify the
tax it imposes on indefinite-situs distributable property of railroad
car companies and a railroad company's distributable property taxed
under this section to the department of state revenue. Each of those
companies shall pay the tax to the department of state revenue on or
before December 31of the year the assessment is made. If one (1) of
those companies does not pay the tax when it is due, the company
shall pay a penalty, in addition to the tax, equal to twenty-five
percent (25%) of the delinquent tax. When the tax imposed on
indefinite-situs distributable property of railroad car companies by
this chapter becomes delinquent, the department of state revenue
shall proceed with the collection of the delinquent tax and penalty in
accordance with the provisions of IC 6-8.1-8.
(c) The department of state revenue shall promptly deposit all
amounts collected under this section that are derived from
indefinite-situs distributable property of railroad car companies in
the state treasury for credit to the commuter rail service fund
established by IC 8-3-1.5-20.5 to be used exclusively for debt
financing of the commuter transportation district's long term capital
needs.
(d) The department of state revenue shall promptly deposit all
amounts collected under this section from a railroad company in the
state treasury for credit to the electric rail service fund established by
IC 8-3-1.5-20.6.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1979,
P.L.50, SEC.1; Acts 1981, P.L.66, SEC.9; Acts 1981, P.L.67, SEC.3;
Acts 1982, P.L.43, SEC.4; P.L.73-1983, SEC.6; P.L.59-1985, SEC.8;
P.L.253-1999, SEC.1; P.L.291-2001, SEC.232; P.L.90-2002,
SEC.81.
IC 6-1.1-8-35.1
Repealed
(Repealed by P.L.59-1985, SEC.37.)
IC 6-1.1-8-37
Reassessment of distributable property; refunds or taxes due
Sec. 37. (a) If:
(1) the department of local government finance's reassessment
of distributable property is less than the department's original
assessment; or
(2) the Indiana board's reassessment of distributable property is
less than the department's original assessment;
the auditor of each affected county shall compute the tax refund, if
any, which is due the public utility company. The county auditor
shall then issue a warrant to the company for the amount of the
refund due, and the county treasurer shall pay the warrant, without
an appropriation for the disbursement.
(b) If:
(1) the department of local government finance's reassessment
of distributable property is greater than the department's
original assessment; or
(2) the Indiana board's reassessment of distributable property is
greater than the department's original assessment;
IC 6-1.1-8-38
Lien; collection of delinquent taxes; penalties
Sec. 38. (a) Taxes which are based upon an assessment which is
made under this chapter are a lien upon the property assessed. This
lien accrues on the assessment date of the year of assessment. In
addition, the taxes are a personal debt of the public utility company
in whose name the property is assessed.
(b) If a public utility company does not pay the taxes when they
are due, the county treasurer shall notify the prosecuting attorney of
that fact. The prosecuting attorney shall then bring an action against
the company to recover the delinquent taxes or to enforce the lien
upon the property, or both. In such an action, the judgment shall
include a penalty equal to fifty percent (50%) of the delinquent taxes.
This subsection does not apply to taxes on a railroad car company's
indefinite-situs distributable property.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-8-39
Omitted property; assessment
Sec. 39. The annual assessments of a public utility company's
property are presumed to include all the company's property which
is subject to taxation under this chapter. However, this presumption
does not preclude the subsequent assessment of a specific item of
tangible property which is clearly shown to have been omitted from
the assessments for that year. The appropriate township assessor, or
the county assessor if there is no township assessor for the township,
shall make assessments of omitted fixed property. The department of
local government finance shall make assessments of omitted
distributable property. However, the department of local government
finance may not assess omitted distributable property after the
expiration of ten (10) years from the last day of the year in which the
assessment should have been made.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.84; P.L.146-2008, SEC.100.
IC 6-1.1-8-41
Valuation methods used in other states
Sec. 41. The department of local government finance shall keep
itself informed about the methods which other states use to value
public utility companies.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.86.
IC 6-1.1-8-42
Rules and regulations; promulgation
Sec. 42. (a) The department of local government finance shall
promulgate rules and regulations to provide equal treatment for the
public utility companies within each classification. These rules and
regulations may not:
(1) prohibit the assessment and taxation of a company's
property which is subject to taxation under this chapter; or
(2) prohibit the department of local government finance from
making adjustments in those cases where the rules and
regulations would result in an assessment that would be unfair
to the state or to the public utility company.
(b) The department of local government finance may adopt rules
and regulations to carry out the intent and provisions of this chapter.
The rules and regulations must be consistent with this chapter.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.87.
IC 6-1.1-8-43
Purpose of chapter; conflicting provisions
Sec. 43. This chapter is designed to provide special rules for the
assessment and taxation of public utility company property. If a
provision of this chapter conflicts with any provision of another
chapter of this article, the provision of this chapter controls with
respect to the assessment and taxation of public utility company
property.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-8-44
Reinstatement of utility property rules; prohibition against
amendment of certain rules by department of local government
finance
Sec. 44. (a) Except to the extent that it conflicts with a statute and
subject to subsection (f), 50 IAC 5.1 (as in effect January 1, 2001),
which was formerly incorporated by reference into this section, is
reinstated as a rule.
(b) Tangible personal property within the scope of 50 IAC 5.1 (as
in effect January 1, 2001) shall be assessed on the assessment dates
in calendar years 2003 and thereafter in conformity with 50 IAC 5.1
(as in effect January 1, 2001).
(c) The publisher of the Indiana Administrative Code shall publish
50 IAC 5.1 (as in effect January 1, 2001) in the Indiana
Administrative Code.
(d) 50 IAC 5.2 and any other rule to the extent that it conflicts
with this section is void.
(e) A reference in 50 IAC 5.1 to a governmental entity that has
been terminated or a statute that has been repealed or amended shall
be treated as a reference to its successor.
(f) The department of local government finance may not amend
or repeal the following (all as in effect January 1, 2001):
(1) 50 IAC 5.1-6-6.
(2) 50 IAC 5.1-6-7.
(3) 50 IAC 5.1-6-8.
(4) 50 IAC 5.1-6-9.
(5) 50 IAC 5.1-8-1.
(6) 50 IAC 5.1-9-1.
(7) 50 IAC 5.1-9-2.
As added by P.L.192-2002(ss), SEC.29. Amended by P.L.245-2003,
SEC.7.