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To amend sections 5727.111, 5727.30, and 5727.38 of | 1 |
the Revised Code to reduce the public utility | 2 |
property tax assessment rate for new pipe-line | 3 |
company property and to exempt the gross receipts | 4 |
of a pipe-line company from the public utility | 5 |
excise tax. | 6 |
Section 1. That sections 5727.111, 5727.30, and 5727.38 of | 7 |
the Revised Code be amended to read as follows: | 8 |
Sec. 5727.111. The taxable property of each public utility, | 9 |
except a railroad company, and of each interexchange | 10 |
telecommunications company shall be assessed at the following | 11 |
percentages of true value: | 12 |
(A) Fifty per cent in the case of the taxable transmission | 13 |
and distribution property of a rural electric company, and | 14 |
twenty-five per cent for all its other taxable property; | 15 |
(B) In the case of a telephone or telegraph company, | 16 |
twenty-five per cent for taxable property first subject to | 17 |
taxation in this state for tax year 1995 or thereafter for tax | 18 |
years before tax year 2007, and pursuant to division (H) of | 19 |
section 5711.22 of the Revised Code for tax year 2007 and | 20 |
thereafter, and the following for all other taxable property: | 21 |
(1) For tax years prior to 2005, eighty-eight per cent; | 22 |
(2) For tax year 2005, sixty-seven per cent; | 23 |
(3) For tax year 2006, forty-six per cent; | 24 |
(4) For tax year 2007 and thereafter, pursuant to division | 25 |
(H) of section 5711.22 of the Revised Code. | 26 |
(C) Twenty-five per cent in the case of a natural gas | 27 |
company. | 28 |
(D) Eighty-eight per cent in the case of a | 29 |
water-works | 30 |
(E)(1) For tax year 2005, eighty-eight per cent in the case | 31 |
of the taxable transmission and distribution property of an | 32 |
electric company, and twenty-five per cent for all its other | 33 |
taxable property; | 34 |
(2) For tax year 2006 and each tax year thereafter, | 35 |
eighty-five per cent in the case of the taxable transmission and | 36 |
distribution property of an electric company, and twenty-four per | 37 |
cent for all its other taxable property. | 38 |
(F)(1) Twenty-five per cent in the case of an interexchange | 39 |
telecommunications company for tax years before tax year 2007; | 40 |
(2) Pursuant to division (H) of section 5711.22 of the | 41 |
Revised Code for tax year 2007 and thereafter. | 42 |
(G) Twenty-five per cent in the case of a water | 43 |
transportation company. | 44 |
(H) In the case of a pipe-line company, for tax years after | 45 |
2006, twenty-five per cent for taxable property first subject to | 46 |
taxation in this state for tax year 2007 or thereafter, and | 47 |
eighty-eight per cent for all its other taxable property. | 48 |
Sec. 5727.30. (A) Except as provided in divisions (B), (C), | 49 |
50 | |
railroad companies, shall be subject to an annual excise tax, as | 51 |
provided by sections 5727.31 to 5727.62 of the Revised Code, for | 52 |
the privilege of owning property in this state or doing business | 53 |
in this state during the twelve-month period next succeeding the | 54 |
period upon which the tax is based. The tax shall be imposed | 55 |
against each such public utility that, on the first day of such | 56 |
twelve-month period, owns property in this state or is doing | 57 |
business in this state, and the lien for the tax, including any | 58 |
penalties and interest accruing thereon, shall attach on such day | 59 |
to the property of the public utility in this state. | 60 |
(B) An electric company's or a rural electric company's gross | 61 |
receipts received after April 30, 2001, are not subject to the | 62 |
annual excise tax imposed by this section. | 63 |
(C) A natural gas company's gross receipts received after | 64 |
April 30, 2000, are not subject to the annual excise tax imposed | 65 |
by this section. | 66 |
(D) A telephone company's gross receipts derived from amounts | 67 |
billed to customers after June 30, 2004, are not subject to the | 68 |
annual excise tax imposed by this section. Notwithstanding any | 69 |
other provision of law, gross receipts derived from amounts billed | 70 |
by a telephone company to customers prior to July 1, 2004, shall | 71 |
be included in the telephone company's annual statement filed on | 72 |
or before August 1, 2004, which shall be the last statement or | 73 |
report filed under section 5727.31 of the Revised Code by a | 74 |
telephone company. A telephone company shall not deduct from its | 75 |
gross receipts included in that last statement any receipts it was | 76 |
unable to collect from its customers for the period of July 1, | 77 |
2003, to June 30, 2004. | 78 |
(E) A pipe-line company's gross receipts received after April | 79 |
30, 2007, are not subject to the annual excise tax imposed by this | 80 |
section. | 81 |
Sec. 5727.38. On or before the first Monday of November, | 82 |
annually, the tax commissioner shall assess an excise tax against | 83 |
each public utility subject to the excise tax under section | 84 |
5727.30 of the Revised Code. The tax shall be computed by | 85 |
multiplying the taxable gross receipts as determined by the | 86 |
commissioner under
section 5727.33 of the Revised
Code by | 87 |
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four and three-fourths per cent | 89 |
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property or doing business in this state shall be fifty dollars. | 91 |
The assessment shall be certified to the taxpayer and treasurer of | 92 |
state. | 93 |
Section 2. That existing sections 5727.111, 5727.30, and | 94 |
5727.38 of the Revised Code are hereby repealed. | 95 |