10-35-1. Companies subject to tax. Any person, corporation, limited liability company, association, company, or partnership owning or holding under lease, or otherwise, any property in this state and operating the same for the purpose of furnishing electricity, heat, power, water, natural or artificial gas, or distributing the same for public use by means of transmission […]
10-35-1.1. Tax on electric generation and transmission facilities used for out-of-state consumers. If an agreement is made between a municipality of this state and a governmental entity located outside this state to acquire, construct, or finance electric generation and transmission facilities, if the output, capacity, or services are to be used for the benefit of […]
10-35-1.10. Promulgation of rules on environmental upgrade exemption. The secretary of the Department of Revenue may promulgate rules, pursuant to chapter 1-26, concerning this exemption to: (1)Specify the real and personal property that makes up an environmental upgrade; (2)Determine the original and depreciated cost of the environmental upgrade; (3)Establish a procedure to calculate the effect […]
10-35-1.2. Generating property of rural electric companies subject to tax. All property, real and personal, used or intended for use by a rural electric company as defined by §10-36-1 for the generation of electricity excluding transmission or distribution facilities shall be taxed and administered in the manner provided for in this chapter. Source: SL 1981, […]
10-35-1.3. Definitions. Terms as used in §§10-35-1.3 to 10-35-1.6, inclusive, mean: (1)”Commercial operation date,” the first date that a power generation facility is producing electricity on a continuous basis and is delivering electricity to customers; (2)”Construction date,” is the first date earth is excavated for the purpose of constructing the power generation facility; (3)”Construction period,” […]
10-35-1.4. Application for partial tax exemption for power generation facility prior to construction. Any person, corporation, limited liability company, association, company, partnership, political subdivision, municipality, rural electric cooperative, consumers power district, or any group or combination acting as a unit, owning or holding under lease, or otherwise, real or personal property used, or intended for […]
10-35-1.5. Partial exemption for power generation facility–Allocation of exemption. The full and true value of real and personal property used, or intended for use, as a power generation facility is exempt from ad valorem taxation to the extent the value is in excess of the amount of five hundred dollars multiplied by the nameplate capacity […]
10-35-1.6. Amount of tax exemption during construction of qualifying power generation facility. During the construction period of a qualifying power generation facility, the exemption provided in §10-35-1.5 shall be as follows: (1)For the first legal assessment date after the construction date of the power generation facility, as provided in §10-35-9, upon all value in excess […]
10-35-1.7. Definitions. Terms as used in §§10-35-1.7 to 10-35-1.10, inclusive, mean: (1)”Coal-fired power plant,” any person, corporation, limited liability company, association, company, partnership, political subdivision, municipality, rural electric cooperative, consumers power district, or any group or combination acting as a unit, owning or holding under lease, or otherwise, real property used, or intended for use, […]
10-35-1.8. Application for exemption for coal-fired power plant performing environmental upgrade. Any coal-fired power plant performing an environmental upgrade may apply for the exemption in §10-35-1.9 upon forms provided by the secretary of revenue before beginning the environmental upgrade. Upon approval of the application, the secretary shall issue a certificate of exemption. The secretary may […]
10-35-1.9. Exemption for coal-fired power plant performing environmental upgrade–Allocation of exemption. The first year after the environmental upgrade is operational, the original cost of the environmental upgrade, as reported to the agency regulating the coal-fired power plant, is exempt from ad valorem taxation. In the second and subsequent years after the environmental upgrade is operational, […]
10-35-10. Valuation of power and pipelines–Application of property tax levies. The Department of Revenue shall also fix the assessed valuation per mile of each class of the power or pipeline or lines of each company in each county in the state, which valuation shall be the average value of each class of lines of the […]
10-35-10.1. Determining fair market value of public utility property. For the purpose of determining the fair market value of the property of any public utility company, the Department of Revenue shall take into consideration the cost approach, the market approach, and the income approach to appraisal. In the market approach, the department shall consider the […]
10-35-11. Notice of assessment to company–Hearing. After the assessment is made, the Department of Revenue shall give notice by mail to the officers of each company making return to the Department of Revenue, setting out the amount of such assessment and fixing a date at least ten days in advance when the representatives of any […]
10-35-12. Equalization and notice of assessments–Certification to county auditors–Extension, collection and distribution of tax. After such date of hearing, and on or before the fourth Monday of August, the Department of Revenue shall finally equalize the assessments and notify each company thereof by mail. The Department of Revenue shall certify the value finally determined to […]
10-35-13. County commissioners’ allocation of assessed valuations to taxing districts–Notice to company. It shall be the duty of the county auditor after receiving a statement from the Department of Revenue setting forth the valuation as finally equalized of any light or power, heating, water, natural or artificial gas company owning and operating a power or […]
10-35-14. Map of lines filed with county auditor–Use in allocating valuation to taxing districts. Every light and power, heating, water, natural or artificial gas company shall keep on file with the county auditor of each county through or into which its line or lines run, a map or blueprints showing correctly the location of its […]
10-35-15. Collection of delinquent taxes. All laws relating to the enforcement of the payment of delinquent taxes shall be applicable to all taxes levied under the provisions of this chapter. When any taxes levied under the provisions of this chapter shall become delinquent, the county treasurer having control of such delinquent taxes, may proceed to […]
10-35-16. Definition of terms. Terms as used in this section and §§10-35-17 to 10-35-21, inclusive, mean: (1)”Collector system,” all property used or constructed to interconnect individual wind turbines or solar panels within a renewable facility into a common project, including inverters, step-up transformers, electrical collection equipment, collector substation transformers, and communication systems; (2)”Company,” any person, […]
10-35-17. Alternative annual tax on wind farm property and solar facilities. Any company owning or holding under lease, or otherwise, real or personal property used, or intended for use, as a wind farm producing power for the first time after June 30, 2007, and before April 1, 2015, shall pay the alternative annual taxes provided […]
