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

Terms Used In Indiana Code 6-1.1-8-4

  • definite situs: means a permanent location in one (1) taxing district or a customary location for use in one (1) taxing district. See Indiana Code 6-1.1-8-2
  • property: includes both tangible and intangible property. See Indiana Code 6-1.1-8-2
  • 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. See Indiana Code 6-1.1-8-2
  • system: means all property owned or used by a public utility company or companies and operated as one (1) unit in furnishing a public utility service. See Indiana Code 6-1.1-8-2
(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.

[Pre-1975 Property Tax Recodification Citation: 6-1-44-9 part.]

Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1977, P.L.2, SEC.11; P.L.90-2002, SEC.57.

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