§ 6-1.1-8-35 — Indefinite-situs distributable property of railcar companies; distributable property of certain railroads; computation of tax; disposition of tax proceeds

Indiana § 6-1.1-8-35

• Jurisdiction: Indiana
• Art. 1.1: PROPERTY TAXES
• Ch. 8: Taxation of Public Utility Companies

Text

(a) Each year the department of local
government finance shall tax:
(1) the indefinite-situs distributable property of railcar 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 railcar 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 railcar
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 railcar 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 railcar 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 as provided in IC 8-3-1.5-20.5(c).
(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.
[Pre-1975 Property Tax Recodification Citation: 6-1-44-11
part.]
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;
P.L.85-2011, SEC.1; P.L.38-2021, SEC.16.