N.C. Gen. Stat. § 105-337

Current through Session Law 2024-53

Section 105-337 - [Effective for taxes imposed for taxable years beginning before July 1, 2015] Apportionment of taxable values to this State

With respect to any public service company operating both inside and outside this State, it shall be the duty of the Department of Revenue to apportion for taxation in this State a fair and reasonable share of the value of the company as a system or its rolling stock or flight equipment as appraised under the provisions of G.S. 105-336. Thus, when the Department has determined true value in accordance with the provisions of G.S. 105-336(a) or G.S. 105-336(b), it shall ascertain the portion of the total value subject to taxation in this State by applying property, business, and mileage factors thereto in accordance with the ratio that the company's property, business, or mileage in this State bears to its total property, business, or mileage. In its discretion, the Department may use one or more of the factors listed in the preceding sentence in order to achieve a fair and accurate result in the apportionment of the value of the property of any public service company. As used in this section,

(1) The term "business factor'' means data that reflect the use of the company's property, such as gross revenue, net income, tons of freight carried, revenue ton miles, passenger miles, car miles, ground hours, and comparable data.

(2) The term "mileage factor'' means factual information as to the linear miles of the company's track, wire, lines, pipes, routes, and similar operational routes and factual information as to the miles traveled by the company's rolling stock.

(3) The term "property factor'' means investment in property; it may be either gross or net investment or any other reasonable figure reflecting the company's investment in property.

N.C. Gen. Stat. § 105-337

1939, c. 310, s. 1609; 1971 , c. 806, s. 1; 1973 , c. 476, s. 193.

This section is set out twice. See also §105-337, as amended by 2014 N.C. Sess. Laws 3, s. 11.1-d, eff. 7/1/2015.