Ohio Code § 5727.06

§ 5727.06.

(A) Except as otherwise provided by law, the following constitutes the taxable property

of a public utility, interexchange telecommunications company, or public utility property

lessor that shall be assessed by the tax commissioner: (1) For tax years before tax year 2006: (a) In the case of a railroad company, all real property and tangible personal property

owned or operated by the railroad company in this state on the thirty-first day of

December of the preceding year; (b) In the case of a water transportation company, all tangible personal property, except

watercraft, owned or operated by the water transportation company in this state on

the thirty-first day of December of the preceding year and all watercraft owned or

operated by the water transportation company in this state during the preceding calendar

year; (c) In the case of all other public utilities and interexchange telecommunications companies,

all tangible personal property that on the thirty-first day of December of the preceding

year was both located in this state and: (i) Owned by the public utility or interexchange telecommunications company;  or (ii) Leased by the public utility or interexchange telecommunications company under a

sale and leaseback transaction. (2) For tax years 2006, 2007, and 2008: (a) In the case of a railroad company, all real property used in railroad operations

and tangible personal property owned or operated by the railroad company in this state

on the thirty-first day of December of the preceding year; (b) In the case of a water transportation company, all tangible personal property, except

watercraft, owned or operated by the water transportation company in this state on

the thirty-first day of December of the preceding year and all watercraft owned or

operated by the water transportation company in this state during the preceding calendar

year; (c) In the case of all other public utilities except telephone and telegraph companies,

all tangible personal property that on the thirty-first day of December of the preceding

year was both located in this state and either owned by the public utility or leased

by the public utility under a sale and leaseback transaction. (3) For tax year 2009 and each tax year thereafter: (a) In the case of a railroad company, all real property used in railroad operations

and tangible personal property owned or operated by the railroad company in this state

on the thirty-first day of December of the preceding year; (b) In the case of a water transportation company, all tangible personal property, except

watercraft, owned or operated by the water transportation company in this state on

the thirty-first day of December of the preceding year and all watercraft owned or

operated by the water transportation company in this state during the preceding calendar

year; (c) In the case of all other public utilities except telephone and telegraph companies,

all tangible personal property that on the thirty-first day of December of the preceding

year was both located in this state and either owned by the public utility or leased

by the public utility under a sale and leaseback transaction, and that is not exempted

from taxation under section 5727.75 of the Revised Code ; (d) In the case of a public utility property lessor, all personal property that on the

thirty-first day of December of the preceding year was both located in this state

and leased, in other than a sale and leaseback transaction, to a public utility other

than a railroad, telephone, telegraph, or water transportation company.  The assessment rate used under section 5727.111 of the Revised Code shall be based on the assessment rate that would apply if the public utility owned

the property, and that is not exempted from taxation under section 5727.75 of the Revised Code . (4) For tax years 2005 and 2006, in the case of telephone, telegraph, or interexchange

telecommunications companies, all tangible personal property that on the thirty-first

day of December of the preceding year was both located in this state and either owned

by the telephone, telegraph, or interexchange telecommunications company or leased

by the telephone, telegraph, or interexchange telecommunications company under a sale

and leaseback transaction. (5)(a) For tax year 2007 and thereafter, in the case of telephone, telegraph, or interexchange

telecommunications companies, all tangible personal property shall be listed and assessed

for taxation under Chapter 5711. of the Revised Code, but the tangible personal property

shall be valued in accordance with this chapter using the composite annual allowances

and other valuation procedures prescribed under section 5727.11 of the Revised Code by the tax commissioner for such property for tax year 2006, notwithstanding any

section of Chapter 5711. of the Revised Code to the contrary. (b) A telephone, telegraph, or interexchange telecommunications company subject to division

(A)(5)(a) of this section shall file a combined return with the tax commissioner in

accordance with section 5711.13 of the Revised Code even if the company has tangible personal property in only one county.  Such a company also is subject to the issuance of a preliminary assessment certificate

by the tax commissioner under section 5711.25 of the Revised Code .  Such a company is not required to file a county supplemental return under section 5711.131 of the Revised Code . (6) In the case of an energy company, for tax year 2011 and each tax year thereafter,

all tangible personal property that on the thirty-first day of December of the preceding

year was both located in this state and either owned by the company or leased by the

company under a sale and leaseback transaction, and that is not exempted from taxation

under section 5727.75 of the Revised Code . (B) This division applies to tax years before tax year 2007. In the case of an interexchange telecommunications company, all taxable property shall

be subject to the provisions of this chapter and shall be valued by the commissioner

in accordance with division (A) of section 5727.11 of the Revised Code .  A person described by this division shall file the report required by section 5727.08 of the Revised Code .  Persons described in this division shall not be considered taxpayers, as defined

in division (B) of section 5711.01 of the Revised Code , and shall not be required to file a return and list their taxable property under

any provision of Chapter 5711. of the Revised Code. (C) The lien of the state for taxes levied each year on the real and personal property

of public utilities and interexchange telecommunications companies and on the personal

property of public utility property lessors shall attach thereto on the thirty-first

day of December of the preceding year. (D) Property that is required by division (A)(3)(b) of this section to be assessed by

the tax commissioner under this chapter shall not be listed by the owner of the property

under Chapter 5711. of the Revised Code. (E) The ten-thousand-dollar exemption provided for in division (C)(3) of section 5709.01 of the Revised Code does not apply to any personal property that is valued under this chapter. (F) The tax commissioner may adopt rules governing the listing of the taxable property

of public utilities and interexchange telecommunications companies and the determination

of true value.