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      RS 47:1855     

  

§1855.  Allocation of assessed value

A.  For the purposes of taxation by local taxing units in this state, the Louisiana Tax Commission shall allocate the assessed valuation of each company among the local taxing units in accordance with the provisions of this Section on or before September first of each calendar year.

B.(1)  The situs of immovable and other movable property shall determine the local taxing unit to which the assessed value of this property is assigned.

(2)  For purpose of public service properties, the situs of stored natural gas shall be the parish in which such natural gas is stored and located.  Such natural gas shall be appraised at its fair market value, assessed at twenty-five percent of its fair market value, and allocated to the parish of its situs according to the same assessment methods and practices in effect on December 31, 1994.

C.  The assessed value of major movable property of a railroad company shall be allocated among the parishes and municipalities according to the ratio by which the assessed value of the company's immovable and other movable property in the parish or municipality bears to the aggregate assessed value of all the company's immovable and other movable property in the state to be there subject to all state taxes, and to all parish taxes levied and effective throughout the governmental boundaries of such entire parish only, and to all municipal taxes levied and effective throughout the governmental boundaries of such entire municipality only, and to all parish school taxes levied and effective throughout the governmental boundaries of such entire parish only, and to all municipal school taxes levied and effective throughout the governmental boundaries of such entire municipality only, and to school taxes levied by the Bogalusa and Monroe school districts, and to none other.

D.  With respect to any company operating both inside and outside this state, the apportionment of the appraised value of the property which shall be assessed in this state shall be determined by one or the average of two or more of the following percentages:

(1)  The miles of all company track within this state divided by the miles of all company track everywhere.

(2)  The investment in company property within this state divided by investment in company property everywhere.

(3)  Company operating revenues in this state divided by company operating revenues everywhere.

(4)  The number of company revenue ton miles in this state divided by the number of company revenue ton miles everywhere.

(5)  The number of company car and locomotive miles, both loaded and empty, in this state divided by the number of company car and locomotive miles, both loaded and empty, everywhere.

(6)  The miles traveled by air or water by company property within this state divided by the miles traveled by air or water everywhere.

(7)  The miles of all company pipelines (converted to one equivalent sized pipe) within the state, divided by the miles of all of the company's pipelines (converted to one equivalent sized pipe) everywhere.

E.  Provided, however, that the Louisiana Tax Commission shall eliminate or adjust one or more of the above factors in any instance in which the use thereof does not accurately reflect the fair market value assignable to company property within this state.

F.  The appraised value of all land owned by the company in this state shall be deducted from the appraised value of all property of the company in this state.

G.(1)  Major movable or other movable property owned or used in Louisiana by a barge line or towing company not a resident of, nor domiciled in Louisiana, and having no agent or office in Louisiana shall be allocated for the purpose of ad valorem taxation to the local taxing unit in which the company has its primary business connections.  Any value not allocated to any other parish shall be allocated to East Baton Rouge Parish.  Business connections shall include but shall not be limited to use of port facilities, repair facilities, storage facilities, and the like.  The Louisiana Tax Commission may adopt rules and regulations to further define business connections, and define primary business connections.

(2)  For those companies not provided for in Paragraph (1) of this Subsection, major movable or other movable property owned or used in Louisiana by a company not a resident of, nor domiciled in Louisiana, and having no agent or office in this state shall be allocated to East Baton Rouge Parish; provided, that in the event an assessor shall certify to the tax commission that, as of January first, certain identifiable major movables were present in his parish, the tax commission shall allocate the value of that major movable to the certifying parish.

H.  Major movable or other movable property owned or used in Louisiana by a company having an agent or office in this state shall be allocated to the taxing unit in which that agent or office is located.

Acts 1976, No. 703, §1; Acts 1989, No. 411, §1, eff. Jan. 1, 1990; Acts 1990, No. 410, §1; H.C.R. No. 88, 1993 R.S., eff. May 30, 1993; H.C.R. No. 1, 1994 R.S., eff. May 11, 1994; Acts 1995, No. 370, §1, eff. July 1, 1995.



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