New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 23 - RAILROAD PROPERTY TAX
Subchapter 5 - ASSESSMENT AND DISPOSITION OF THE RAILROAD PROPERTY AND FRANCHISE TAXES
Section 18:23-5.5 - Apportionment of facilities used in passenger service
Universal Citation: NJ Admin Code 18:23-5.5
Current through Register Vol. 56, No. 18, September 16, 2024
The portion of railroad property actually in use in connection with passenger service rendered by a railroad is to be determined according to the following provisions:
(a) Property used exclusively in rendering passenger service:
1.
Where land is used exclusively in rendering passenger service, the measured land
area involved is to be classified as Class III railroad property;
2. Where track is used exclusively in rendering
passenger service, the lineal measure of track and its appurtenances is to be
classified as Class III railroad property;
3. Where a structure is used exclusively in
rendering passenger service, the entire structure is to be classified as Class III
railroad property.
(b) Property used partially in rendering passenger service:
1. Where track is used partially in rendering
passenger service and partially for other railroad uses:
i. That portion of the value of track and its
appurtenances to be allocated to Class III railroad property is to be calculated by
multiplying such total value of the track and its appurtenances by a factor
equivalent to the ratio of the number of locomotive units using the track to render
passenger service to the total number of locomotive units using the track;
ii. The value of the land supporting such track
and its appurtenances allocated to Class III is to be calculated by applying the
ratio employed in subparagraph i of this section to the total value of such land
area.
2. Where a structure is
used partially in rendering passenger service and partially for other railroad uses,
the value of such structure allocated to Class III railroad property is to be
determined as follows:
i. In the case of a station
building, the portion of the total value thereof allocated to Class III railroad
property is to be calculated by multiplying the total value thereof by a factor
equivalent to the ratio of the measured floor area used in rendering passenger
service to the total measured floor area of the station building;
ii. In the case of a general railroad office
(offices used in connection with the operation of the railroad as a whole), the
portion of the total value thereof allocated to Class III railroad property is to be
calculated by multiplying the total value thereof by a factor, equivalent to the
ratio of gross passenger operating revenues of the railroad to the gross system
operating revenues of the railroad;
iii.
In the case of a repair facility, the portion of the total value thereof allocated
to Class III railroad property is to be calculated by multiplying the total value
thereof by a factor equivalent to the ratio of the operating costs expended in
repairing equipment used in a passenger service at the facility to the total
operating costs expended in repairing all equipment at such facility;
iv. In the case of a locomotive servicing
facility, the portion of the total value allocated to Class III railroad property is
to be calculated by multiplying the total value by a factor equivalent to such ratio
of the number of passenger locomotive units serviced at the facility to such total
number of locomotive units serviced at such facility;
v. In the case of a power facility, the portion of
the total value thereof allocated to Class III railroad property is to be calculated
by multiplying the total value by a factor equivalent to the ratio of the output
power used in rendering passenger service to the total output power transmitted by
such facility.
3. The value
of the land supporting any facility described in paragraph 2 of this subsection and
allocated to Class III railroad property is to be calculated by applying the
pertinent ratio for such facility to the total value of the land area.
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