US Laws, Codes, Statutes & Cases

                                  TITLE  63
                             REVENUE AND TAXATION
                                  CHAPTER 4
           APPRAISAL, ASSESSMENT AND TAXATION OF OPERATING PROPERTY
    63-405.  ASSESSMENT OF OPERATING PROPERTY. (1) The state tax commission
must assess all operating property at a meeting of the commission convening on
the second Monday of August in each year, and must complete the assessment of
such property on the fourth Monday in August.
    (2)  The state tax commission shall determine the system value and
calculate the allocation and apportionment of the system value for all
operating property and specifically determine:
    (a)  The number of miles and the value per mile of each railroad in the
    state and for each taxing district in which such railroad may exist.
    (b)  The number of miles and the value per mile of each telephone
    corporation in the state and for each taxing district in which such
    telephone corporation may exist.
    (c)  The number of miles and the value per mile of each pipeline in the
    state and for each taxing district in which such pipeline may exist.
    (d)  The number of miles and the value per mile of each water company
    under the jurisdiction of the public utilities commission in the state,
    and for each taxing district in which such water company may exist. The
    value per mile of any line included in this subsection, except railroads,
    shall be determined by dividing the total value of such line within the
    state by the number of miles of such line within the state. The value per
    mile of railroad line shall be determined by apportionment of the total
    value of line within the state. The apportionment shall be based twenty
    percent (20%) on the ratio of line miles in the state to line miles in the
    county; forty percent (40%) on the ratio of net ton miles in the state to
    net ton miles in the county; and forty percent (40%) on the ratio of
    station revenues in the state to station revenues in the county. All
    operating property of railroads shall be apportioned to the counties as
    part of the railroad line in the county. The apportionment for taxing
    districts shall be the same as the apportionment among counties.
    (e)  The system value, the number of miles and the value per mile of each
    electric current transmission line and each electric current distribution
    line in each county separately, and for each taxing district within said
    county in which such transmission and distribution lines may exist. The
    value per mile of any line included in this subsection shall be determined
    by dividing the apportioned value of such line within each county by the
    number of miles of such line within said county.
    (f)  The system value of private railcar fleets entering or standing in
    Idaho in the year preceding the constituted lien as provided in section
    63-411(3), Idaho Code.
    (g)  The system value and calculate the allocation and apportionment of
    the system value for all other operating property.
    (3)  On and after January 1, 2004, any newly installed or constructed
equipment located within a city corporate limit or within five (5) miles of a
city corporate limit and used for and in conjunction with the thermal
generation of electricity shall be apportioned based on physical location. For
purposes of this subsection newly installed or constructed equipment  used for
and in conjunction with the thermal generation of electricity shall not
include the remodeling, retrofitting, rehabilitation, refurbishing or
modification of an existing electrical generation facility, or integration or
transformation facilities such as substations or transmission lines.
Notwithstanding the provisions of section 63-301A, Idaho Code, property
apportioned based on physical location pursuant to this subsection shall be
placed on the new construction roll.
    (4)  If the value of property of any company assessable under this section
is of such a nature that it cannot reasonably be apportioned on the basis of
rail, wire, pipeline mileage, such as microwave and radio relay stations, the
tax commission may adopt such other method or basis of apportionment to the
county and taxing districts in which the property is situate as may be
feasible and proper.