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H. B. No. 319 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives DeGeeter, McGregor, J., Batchelder, Seitz
A BILL
To amend sections 5727.111, 5727.30, and 5727.38 of
the Revised Code to reduce the public utility
property tax assessment rate for new pipe-line
company
property and to exempt the gross receipts
of a
pipe-line company from the public utility
excise
tax.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5727.111, 5727.30, and 5727.38 of
the Revised Code be amended to read as follows:
Sec. 5727.111. The taxable property of each public
utility,
except a railroad company, and of each interexchange
telecommunications company shall be assessed at the following
percentages of true value:
(A) Fifty per cent in the
case of
the taxable transmission
and
distribution property of a
rural electric
company, and
twenty-five per cent for all its other
taxable
property;
(B) In the case of a telephone or telegraph company,
twenty-five
per cent for taxable property first subject to
taxation in this state for tax
year 1995 or thereafter for tax
years before tax year 2007, and pursuant to division (H) of
section 5711.22 of the Revised Code for tax year 2007 and
thereafter, and
the following for all other taxable
property:
(1) For tax years prior to 2005, eighty-eight per cent;
(2) For tax year 2005, sixty-seven per cent;
(3) For tax year 2006, forty-six per cent;
(4) For tax year 2007 and thereafter, pursuant to division
(H) of section 5711.22 of the Revised Code.
(C) Twenty-five per cent
in the
case of a natural gas
company.
(D) Eighty-eight per cent in the case of a pipe-line,
water-works, or heating company;
(E)(1) For tax year 2005, eighty-eight per cent
in
the
case
of
the taxable transmission and distribution property
of an
electric company, and twenty-five per cent for all its
other
taxable
property;
(2) For tax year 2006 and each tax year thereafter,
eighty-five per cent in the case of the taxable transmission and
distribution property of an electric company, and twenty-four per
cent for all
its other taxable property.
(F)(1) Twenty-five per cent in the case of an
interexchange
telecommunications company for tax years before tax year 2007;
(2) Pursuant to division (H) of section 5711.22 of the
Revised Code for tax year 2007 and thereafter.
(G) Twenty-five per cent in the case of a water
transportation company.
(H) In the case of a pipe-line company, for tax years after
2006, twenty-five per cent for taxable property first subject to
taxation in this state for tax year 2007 or thereafter, and
eighty-eight per cent for all its other taxable property.
Sec. 5727.30. (A) Except as provided in divisions
(B), (C),
and (D), and (E) of this section, each public utility, except
railroad companies,
shall be subject
to an annual excise tax, as
provided by sections 5727.31 to 5727.62 of the
Revised Code, for
the privilege of owning property in this state or doing
business
in this state during the twelve-month period next succeeding the
period upon which the tax is based. The tax shall be imposed
against each
such public utility that, on the first day of such
twelve-month period, owns
property in this state or is doing
business in this state, and the lien for
the tax, including any
penalties and interest accruing thereon, shall attach
on such day
to the property of the public utility in this state.
(B) An electric company's or
a rural electric company's gross
receipts
received after April 30, 2001, are not subject to the
annual excise
tax imposed by this section.
(C) A natural gas company's gross receipts received after
April
30, 2000, are not subject to the annual excise tax imposed
by this
section.
(D) A telephone company's gross receipts derived from amounts
billed to customers after June 30, 2004, are not subject to the
annual excise tax imposed by this section. Notwithstanding any
other provision of law, gross receipts derived from amounts billed
by a telephone company to customers prior to July 1, 2004, shall
be included in the telephone company's annual statement filed on
or before August 1, 2004, which shall be the last statement or
report filed under section 5727.31 of the Revised Code by a
telephone company. A telephone company shall not deduct from its
gross receipts included in that last statement any receipts it was
unable to collect from its customers for the period of July 1,
2003, to June 30, 2004.
(E) A pipe-line company's gross receipts received after April
30, 2007, are not subject to the annual excise tax imposed by this
section.
Sec. 5727.38. On or before the first Monday of November,
annually, the tax
commissioner shall assess an excise tax against
each public utility
subject to the excise tax under section
5727.30 of the Revised Code. The tax shall be computed
by
multiplying the taxable gross receipts as determined by the
commissioner under
section 5727.33 of the Revised
Code by six and
three-fourths per cent in the case of pipe-line
companies, and
four and three-fourths per cent in the case of all other
companies. The
minimum tax for any such company for owning
property or doing business in this
state shall be fifty dollars.
The assessment shall be
certified to the taxpayer and treasurer of
state.
Section 2. That existing sections 5727.111, 5727.30, and
5727.38 of the Revised Code are hereby repealed.
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