2021 Indiana Code
Title 6. Taxation
Article 1.1. Property Taxes
Chapter 8. Taxation of Public Utility Companies
6-1.1-8-3. Companies Subject to Taxation; Exemptions

Universal Citation: IN Code § 6-1.1-8-3 (2021)

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.

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