Indiana § 6-8.1-15-13 Application of chapter

Indiana Statutes

§ 6-8.1-15-13 — Application of chapter

Indiana·Art. 8.1 DEPARTMENT OF STATE REVENUE; TAX·Ch. 15 Taxing Situs of Mobile Telecommunications Service

(a)Except as provided by section 20 of this chapter, this chapter applies to:

(1)the gross retail tax imposed on mobile telecommunications service under IC 6-2.5-4-6;

(2)the statewide 911 fee imposed on communications service under IC 36-8-16.7; and

(3)any other tax, charge, or fee levied by the state or a taxing jurisdiction within Indiana as a fixed charge for each customer or measured by gross amounts charged to customers for mobile telecommunications service, regardless of whether the tax, charge, or fee is imposed on the vendor or customer of the service and regardless of the terminology used to describe the tax, charge, or fee; on bills for mobile telecommunications service issued to customers after July 31, 2002.

(b)This chapter does not apply to:

(1)any tax, charge, or fee le

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(a) Except as provided by section 20 of this
chapter, this chapter applies to:
(1) the gross retail tax imposed on mobile telecommunications
service under IC 6-2.5-4-6;
(2) the statewide 911 fee imposed on communications service
under IC 36-8-16.7; and
(3) any other tax, charge, or fee levied by the state or a taxing
jurisdiction within Indiana as a fixed charge for each customer or
measured by gross amounts charged to customers for mobile
telecommunications service, regardless of whether the tax,
charge, or fee is imposed on the vendor or customer of the service
and regardless of the terminology used to describe the tax, charge,
or fee;
on bills for mobile telecommunications service issued to customers
after July 31, 2002.
(b) This chapter does not apply to:
(1) any tax, charge, or fee levied upon or measured by the net
income, capital stock, net worth, or property value of the provider
of mobile telecommunications service;
(2) any tax, charge, or fee that is applied to an equitably
apportioned amount that is not determined on a transactional
basis;
(3) any tax, charge, or fee that:
(A) represents compensation for a mobile telecommunications
service provider's use of public rights-of-way or other public
property; and
(B) is not levied by the taxing jurisdiction as a fixed charge for
each customer or measured by gross amounts charged to
customers for mobile telecommunication service;
(4) any generally applicable business and occupation tax that is
imposed by the state, is applied to gross receipts or gross
proceeds, is the legal liability of the home service provider, and
that statutorily allows the home service provider to elect to use the
sourcing method required in this section; or
(5) the determination of the taxing situs of:
(A) prepaid telephone calling service; or
(B) air-ground radiotelephone service as defined in Section
22.99 of Title 47 of the Code of Federal Regulations as in effect
June 1, 1999.