45 IAC 2.2-4-11 - Power subsidiary; retail transaction
Authority: IC 6-8.1-3-3
Affected: IC 6-2.5
Sec. 11.
(a) In
general, the furnishing of electricity, gas, water, steam or steam heating
services by public utilities to consumers is subject to the state gross retail
tax.
(b) A power subsidiary or a
person engaged as a public utility in furnishing or selling electrical energy,
natural or artificial gas or mixtures thereof, water, or steam or steam heating
services to a person for domestic or commercial consumption shall be a retail
merchant in respect thereto, and the gross income received therefrom, shall
constitute gross retail income of a retail merchant received from a retail
transaction.
(c) The gross receipts
of power subsidiaries on public utilities from the furnishing or selling of
gas, electricity, water, or steam are subject to the state gross retail tax.
The tax applies to the total receipts of such power subsidiary or public
utilities for services furnished or sold, irrespective of whether the actual
net charge is based upon actual consumption, a flat rate charge, or a minimum
charge. The tax is borne by the consumers.
(d) The term "public utilities" as used in
this regulation [45 IAC 2.2] means any organization which is
engaged in the furnishing or selling of electricity, natural or artificial gas
or mixtures thereof, water, steam or steam heating, and having the right of
eminent domain or subject to government regulation in connection with the
furnishing of public utility services. The term includes governmental units and
not-for-profit organizations which furnish public utility services.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.