Montana Code 15-23-205. Assessment — how made
15-23-205. Assessment — how made. (1) The department shall assess the railroad transportation property of all railroads operated in more than one county or more than one state as provided in this section. Assessment must be made to the person owning or leasing or using the property and must be made upon the entire railroad within the state.
Terms Used In Montana Code 15-23-205
- Base value: means , except as provided in subsection (1)(b), the system value of railroad transportation property of a railroad in the preceding tax year. See Montana Code 15-23-203
- Capitalization rate: means the capitalization rate reported by the surface transportation board, provided for in 49 U. See Montana Code 15-23-203
- Change in earnings: means the value determined by dividing the average earnings for the 5 years immediately preceding the current tax year by the average earnings for the 5 years immediately preceding the previous tax year. See Montana Code 15-23-203
- Customary: means according to usage. See Montana Code 1-1-206
- Gross profit margin: means the ratio of earnings to operating revenue. See Montana Code 15-23-203
- Operating revenue: means the amount of money that the railroad is entitled to receive or that accrues to its benefit from services rendered in transporting property or persons by rail. See Montana Code 15-23-203
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- System cost: means the total depreciated cost of all railroad transportation property, including leased property within the state and outside the state. See Montana Code 15-23-203
(2)The department shall determine the value of the railroad system for the current year by multiplying the base value of the railroad by the value change factor determined under subsection (3).
(3)(a) The value change factor is the sum of the income change factor, weighted by 50%, the gross profit margin change factor, weighted by 25%, and the property change factor, weighted by 25%.
(b)The income change factor is determined by dividing the change in earnings by the change in the capitalization rate.
(c)The gross profit margin change factor is determined by dividing the average gross profit margin for the 2 years immediately preceding the current tax year by the average gross profit margin for the 2 years immediately preceding the previous tax year.
(d)The property change factor is determined by dividing the system cost reported by the railroad for the tax year immediately preceding the current tax year by the system cost reported by the railroad for the tax year immediately preceding the previous tax year.
(4)The department shall apportion the system value of the railroad to Montana by multiplying the system value of the railroad determined under subsection (2) by the average of the allocation factor for the 2 years immediately preceding the current tax year. The allocation factor is determined under subsection (5).
(5)The allocation factor used to apportion the system value of the railroad to Montana is the average of the sum of:
(a)the ratio of track miles in the state to total system track miles;
(b)the ratio of revenue ton miles in the state to total system revenue ton miles;
(c)the ratio of gross investment in road and equipment in the state to total system gross investment in road and equipment;
(d)the ratio of operating revenue reported in the state to total system operating revenue; and
(e)the ratio of railroad car and locomotive miles in the state to total system railroad car and locomotive miles.
(6)The department shall take into account extenuating circumstances to adjust the assessed value of railroad property in the state. Occurrences that may result in an adjustment to the assessed value of railroad property include but are not limited to:
(a)extraordinary, unusual, or infrequent events that are material in nature and of a character different from the typical or customary business operations, that are not expected to recur frequently, and that are not normally considered in the evaluation of the operating results of a business; and
(b)material increases or decreases in income and property as a result of events such as writeoffs, writedowns, and changes in accounting methods or practices.
(7)In determining the taxable value of railroad property, the department shall determine the percentage rate “R” provided for in 15-6-145 in order to achieve compliance with the requirements of the federal Railroad Revitalization and Regulatory Reform Act of 1976, as amended.