Effective: June 17, 2010
Latest Legislation: Senate Bill 232 - 128th General Assembly
When all the taxable property of a public utility is located in one taxing district, the tax commissioner shall apportion the total taxable value thereof to that taxing district.
When taxable property of a public utility is located in more than one taxing district, the commissioner shall apportion the total taxable value thereof among the taxing districts as follows:
(A)(1) In the case of a telegraph, interexchange telecommunications, or telephone company that owns miles of wire in this state, the value apportioned to each taxing district shall be the same percentage of the total value apportioned to all taxing districts as the miles of wire owned by the company within the taxing district are to the total miles of wire owned by the company within this state;
(2) In the case of a telegraph, interexchange telecommunications, or telephone company that does not own miles of wire in this state, the value apportioned to each taxing district shall be the same percentage of the total value apportioned to all taxing districts as the cost of the taxable property physically located in the taxing district is of the total cost of all taxable property physically located in this state.
(B) In the case of a railroad company:
(1) The taxable value of real and personal property not used in railroad operations shall be apportioned according to its situs;
(2) The taxable value of personal property used in railroad operations shall be apportioned to each taxing district in proportion to the miles of track and trackage rights, weighted to reflect the relative use of such personal property in each taxing district;
(3) The taxable value of real property used in railroad operations shall be apportioned to each taxing district in proportion to its relative value in each taxing district.
(C)(1) Prior to tax year 2001, in the case of an electric company:
(a) Seventy per cent of the taxable value of all production equipment and of all station equipment that is not production equipment shall be apportioned to the taxing district in which such property is physically located; and
(b) The remaining value of such property, together with the value of all other taxable personal property, shall be apportioned to each taxing district in the per cent that the cost of all transmission and distribution property physically located in the taxing district is of the total cost of all transmission and distribution property physically located in this state.
(c) If an electric company's taxable value for the current year includes the value of any production equipment at a plant at which the initial cost of the plant's production equipment exceeded one billion dollars, then prior to making the apportionments required for that company by division (C)(1)(a) and (b) of this section, the tax commissioner shall do the following:
(i) Subtract four hundred twenty million dollars from the total taxable value of the production equipment at that plant for the current tax year.
(ii) Multiply the difference thus obtained by a fraction, the numerator of which is the portion of the taxable value of that plant's production equipment included in the company's total value for the current tax year, and the denominator of which is the total taxable value of such equipment included in the total taxable value of all electric companies for such year;
(iii) Apportion the product thus obtained to taxing districts in the manner prescribed in division (C)(1)(b) of this section.
(iv) Deduct the amounts so apportioned from the taxable value of the company's production equipment at the plant, prior to making the apportionments required by divisions (C)(1)(a) and (b) of this section.
For purposes of division (C)(1)(c) of this section, "initial cost" applies only to production equipment of plants placed in commercial operation on or after January 1, 1987, and means the cost of all production equipment at a plant for the first year the plant's equipment was subject to taxation.
(2) For tax year 2001 and thereafter, in the case of an electric company:
(a) The taxable value of all production equipment shall be apportioned to the taxing district in which such property is physically located; and
(b) The value of taxable personal property, including energy conversion equipment but excluding production equipment, shall be apportioned to each taxing district in the proportion that the cost of such other taxable personal property physically located in each taxing district is of the total cost of such other taxable personal property physically located in this state.
(D) For tax year 2011 and thereafter, in the case of the taxable property of an energy company:
(1) The taxable value of all production equipment shall be apportioned to the taxing district in which such property is physically located.
(2) The taxable value of all other taxable property, including energy conversion equipment, shall be apportioned to each taxing district in the proportion that the cost of such other taxable property physically located in each taxing district is of the total cost of such other taxable property physically located in this state.
(E) In the case of all other public utilities, the taxable value of the property to be apportioned shall be apportioned to each taxing district in proportion to the entire cost of such property within this state.
Structure Ohio Revised Code
Chapter 5727 | Public Utilities
Section 5727.01 | Public Utilities Definitions.
Section 5727.02 | Persons Excepted.
Section 5727.03 | Combined Company to File Separate Report for Each Listed Activity of Company.
Section 5727.031 | Report by Entity Incidentally Supplying Electricity.
Section 5727.04 | Public Utility or Interexchange Telecommunications Company Not Exempt.
Section 5727.05 | Exemption of Nonprofit and Municipal Corporations.
Section 5727.08 | Annual Report.
Section 5727.10 | Assessment - Hearing - Correction.
Section 5727.11 | Method of Valuation.
Section 5727.111 | Assessing at Percentages of True Value.
Section 5727.12 | Valuation and Assessment of Railroad Properties.
Section 5727.14 | Apportionment of Value of Property of Interstate Railroad.
Section 5727.15 | Apportionment of Value of Taxable Property of Public Utilities.
Section 5727.23 | Preliminary or Amended Assessment - Petition for Reassessment.
Section 5727.24 | Tax on Gross Receipts of Natural Gas Company or Combined Electric and Gas Company.
Section 5727.241 | Credit Against Tax on Natural Gas or Combined Company.
Section 5727.27 | Company to Keep Records - Inspection of Records.
Section 5727.29 | Refundable Credit Calculation.
Section 5727.30 | Public Utilities Subject to Annual Excise Tax.
Section 5727.31 | Annual Statement of Public Utility - Reports.
Section 5727.311 | Tax Payments by Electronic Funds Transfer.
Section 5727.32 | Contents of Statement and Reports.
Section 5727.33 | Ascertaining and Determining Gross Receipts of Certain Companies.
Section 5727.331 | Tax Reduction to Be Reflected in Rates.
Section 5727.38 | Excise Tax on Gross Receipts of Certain Public Utilities.
Section 5727.42 | Collection of Excise Taxes; Refunds; Failure to Pay Taxes.
Section 5727.45 | Crediting of Taxes and Penalties to Funds.
Section 5727.47 | Notice of Assessment - Petition for Reassessment.
Section 5727.471 | Assessment for Underpayment or Overpayment of Taxes by Public Utility.
Section 5727.48 | Extension of Time.
Section 5727.49 | Monthly Report of Secretary of State - Information Provided by County Auditors.
Section 5727.50 | Valuation if No Report or Erroneous Information Reported.
Section 5727.51 | Taxes on Dissolution or Retirement Required to Be Paid.
Section 5727.53 | Action to Recover Taxes.
Section 5727.55 | Prohibition Against Doing Business After Cancellation of Articles or Certificate.
Section 5727.56 | Reinstatement of Public Utility - Conditions - Designation of Agent.
Section 5727.57 | Petition for Judgment for Taxes - Injunction - Procedure - Evidence.
Section 5727.58 | Quo Warranto Proceedings.
Section 5727.60 | Penalty for Failure to Make Report.
Section 5727.61 | Affidavit Denying Unlawful Political Contributions.
Section 5727.62 | Payment of Witness Fees.
Section 5727.71 | Duty of Officials of Railroads to Testify.
Section 5727.72 | Duty to Testify or Bring Books or Papers.
Section 5727.74 | Effect When Tax Charged Invalid.
Section 5727.80 | Kilowatt-Hour Tax Definitions.
Section 5727.81 | Excise Tax Levied on Electric Distribution Company.
Section 5727.811 | Excise Tax Levied on Natural Gas Distribution Company.
Section 5727.82 | Monthly Return and Payment of Tax.
Section 5727.83 | Payment by Electronic Funds Transfer.
Section 5727.84 | Crediting Money in Kilowatt-Hour Tax Receipts Fund.
Section 5727.85 | Payments From School District Property Tax Replacement Fund.
Section 5727.86 | Payments From Local Government Property Tax Replacement Fund.
Section 5727.88 | Administration of Provisions.
Section 5727.89 | Failure to File Return or Pay Tax, Interest, or Additional Charge.
Section 5727.90 | Statute of Limitations.
Section 5727.92 | Keeping and Preserving Records.
Section 5727.93 | Registration.
Section 5727.94 | Tax Statement Provided to Customers.