Indiana Code
Chapter 8. Taxation of Public Utility Companies
6-1.1-8-3. Companies Subject to Taxation; Exemptions

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;
(6) railroad companies;
(7) railcar companies;
(8) sleeping car companies;
(9) street railway companies;
(10) telephone, telegraph, or cable companies;
(11) tunnel companies; and
(12) water distribution companies.
(c) The following persons are not subject to taxation under this chapter:
(1) Aviation companies.
(2) Broadcasting companies.
(3) Television companies.
(4) Water transportation companies.
(5) Companies which are operated by a municipality or a municipal corporation, except those utility companies owned or held in trust by a first class city.
(6) A taxpayer that:
(A) is described in subsection (b);
(B) owns definite situs property that is located in only one (1) taxing district; and
(C) files a personal property tax return for the definite situs property with the county assessor or (if applicable) the township assessor.
A taxpayer that meets the requirements of clauses (A) and (B) may elect to file a personal property tax return for the definite situs property with the county assessor or (if applicable) the township assessor, instead of filing a return for the definite situs property under this chapter.
(7) A taxpayer that:
(A) is participating in a net metering program under 170 IAC 4-4.2 or in a feed-in-tariff program offered by a company described in subsection (b)(4); and
(B) files a personal property tax return for the property with the county assessor or (if applicable) the township assessor.
[Pre-1975 Property Tax Recodification Citations: 6-1-44-2 part; 6-1-44-3 part; 6-1-44-4 part. Pre-Local Government Recodification Citations: 6-1.1-8-3; 19-3-23-1.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by Acts 1980, P.L.8, SEC.51; Acts 1981, P.L.66, SEC.2; P.L.64-1983, SEC.2; P.L.59-1985, SEC.2; P.L.168-2013, SEC.1; P.L.2-2014, SEC.18; P.L.38-2021, SEC.9.

Structure Indiana Code

Indiana Code

Title 6. Taxation

Article 1.1. Property Taxes

Chapter 8. Taxation of Public Utility Companies

6-1.1-8-1. Property Owned or Used by Public Utility Company

6-1.1-8-2. Definitions

6-1.1-8-3. Companies Subject to Taxation; Exemptions

6-1.1-8-4. Companies Within and Partially Outside State; Tax Determinations

6-1.1-8-5. Fixed Property; Definite-Situs Distributable Property; Indefinite-Situs Distributable Property

6-1.1-8-6. Bridge Companies

6-1.1-8-7. Bus Companies

6-1.1-8-8. Express Companies

6-1.1-8-9. Light, Heat, or Power Companies

6-1.1-8-10. Pipe Line Companies

6-1.1-8-11. Railroad Companies

6-1.1-8-12. Railcar Companies

6-1.1-8-12.5. Repealed

6-1.1-8-13. Sleeping Car Companies

6-1.1-8-14. Street Railway Companies

6-1.1-8-15. Telephone, Telegraph, or Cable Companies

6-1.1-8-16. Tunnel Companies

6-1.1-8-17. Water Distribution Companies

6-1.1-8-18. Other Companies

6-1.1-8-19. Statement of Value and Description of Property; Filing Deadline; Filing Amended Statements

6-1.1-8-20. Failure to File Statement; Penalty; Action by Attorney General

6-1.1-8-21. Copies of Various Reports; Requests From Department of Local Government Finance

6-1.1-8-22. Assessment by Department of Local Government Finance; Subsequent Filing of Statements by the Public Utility

6-1.1-8-23. Repealed

6-1.1-8-24. Township Assessor or County Assessor Determination of Assessed Values

6-1.1-8-24.5. Solar Land Base Rates; Determination and Release

6-1.1-8-25. Assessment of Distributable Property

6-1.1-8-25.5. New Fixed Property Assessments; Notification

6-1.1-8-26. Valuation of Company Property

6-1.1-8-27. Certification of Assessed Value; Notification of Appeal; Review by County Assessor; Exemption for Certain Broadband Assets

6-1.1-8-28. Tentative Assessment by the Department; Appeal Opportunity

6-1.1-8-29. Preliminary Conference; Notice of Final Assessment

6-1.1-8-30. Appeal to Indiana Board; Appeal to Tax Court

6-1.1-8-31. Appeal of Final Judgment; Court Procedure

6-1.1-8-32. Setting Aside Final Determination; Grounds

6-1.1-8-33. Appeal of Township or County Assessor's Assessment of Fixed Property

6-1.1-8-34. Rate of Tax; Time of Payment

6-1.1-8-35. Indefinite-Situs Distributable Property of Railcar Companies; Distributable Property of Certain Railroads; Computation of Tax; Disposition of Tax Proceeds

6-1.1-8-35.1. Repealed

6-1.1-8-35.2. Retention and Use of Certain Funds Under Section 35 of This Chapter by Commuter Transportation District

6-1.1-8-36. Payment of Taxes Regardless of Pending Appeal; Injunction; Reassessment of Distributable Property

6-1.1-8-37. Reassessment of Distributable Property; Refunds or Taxes Due

6-1.1-8-38. Lien; Collection of Delinquent Taxes; Penalties

6-1.1-8-39. Omitted Property; Assessment

6-1.1-8-40. Omitted Property; Rate of Assessment; Interest

6-1.1-8-41. Valuation Methods Used in Other States

6-1.1-8-42. Rules and Regulations; Promulgation

6-1.1-8-43. Purpose of Chapter; Conflicting Provisions

6-1.1-8-44. Reinstatement of Utility Property Rules; Prohibition Against Amendment of Certain Rules by Department of Local Government Finance