Section 350-30-004 - CARLINE COMPANIES004.01 Taxpayer's Responsibilities 004.01A On or before June 1 of each year, a car line company owning or operating any railroad cars through, in, or into Nebraska during the preceding year ending December 31, shall furnish a complete and accurate report pursuant to Neb. Rev. Stat. section 77-680 to the Property Tax Administrator on prescribed forms.004.01B On or before June 1 of each year a railroad company whose line runs through or into Nebraska shall furnish to the Property Tax Administrator a report showing the total number of miles traveled by each class of cars for every car line company on their lines in this state during the preceding year ending December 31. 004.01B(1) A car line company requesting the Property Tax Administrator to consider the use of a time/speed study shall submit such study at the time of filing the reports required in REG-30- 004.01A.004.01B(2) Any time/speed study submitted pursuant to REG- 30- 004.01B(1) shall be applicable for three (3) years. The use of time/speed study may be extended at the discretion of the Property Tax Administrator beyond three (3) years if the carline company requesting the use of the time/speed study provides information to the Property Assessment Division that indicates, in the opinion of the Property Tax Administrator, that the time/speed study continues to reflect traffic patterns in the state.004.02 Property Tax Administrator's and Tax Commissioner's Responsibilities And Penalties 004.02A The Property Tax Administrator may assess a penalty, in the amount of $ 100.00 per day, but not exceeding ten-thousand dollars ($10,000.00), for failure or refusal to furnish the complete and accurate information required by the report specified in REG-30-004.01A. The penalty is collected by the Tax Commissioner. Upon written request by the car line company, the Tax Commissioner may waive the penalty in whole or in part for good cause shown. 004.02A(1) In the event that the car line company shall feel aggrieved as to the assessment of a penalty, an appeal may be filed with the Tax Commissioner pursuant to the Practice and Procedure Regulation, Chapter 90. 004.02B Upon written request and for good cause shown, the Property Tax Administrator may allow up to a thirty (30) day extension of time to file the reports required in REG-30-004.01. Such extension shall not exceed thirty (30) days after June 1.004.03 Assessment 004.03A The Property Tax Administrator shall annually determine, the taxable value of all cars as of January 1, 12:01 a.m., based on information provided by the car line company, as well as other available sources.004.03B The Property Tax Administrator shall determine the taxable value of the cars allocable to Nebraska.004.03C The formula for allocation of taxable value shall be established by the Property Tax Administrator in a fair and reasonable manner. The Property Tax Administrator may adjust the formula for a company if such adjustment is warranted.004.03D The car line company's allocated net book taxable personal property value is subject to an adjustment by the Property Tax Administrator, as follows: 004.03D(1) The Property Tax Administrator shall determine the ratio of the net book taxable value of all income producing tangible depreciable personal property subject to taxation in the state, divided by the actual value of all income producing tangible personal property in the state, excluding rail transportation property.004.03D(2) The Property Tax Administrator shall determine the ratio of the company's net book taxable personal property divided by the actual value of its personal property.004.03D(3) If the company's ratio of taxable personal property exceeds the state's ratio of taxable personal property by more than five (5) percent, the Property Tax Administrator may adjust the company's taxable personal property value to the state's level of taxable personal property.004.04 Taxation Of Distributed Value 004.04A On or before January 15 each year the Property Tax Administrator shall establish the state average tax rate. For the purposes of this regulation, the levy date shall be January 15.004.04B Prior to January 31, the Property Tax Administrator shall send a statement to each car line company showing the taxable value, the tax rate, and the amount of tax due.004.04C The Property Tax Administrator shall collect the car line taxes due, retain a three percent collection fee deposited in the Department of Revenue, Property Assessment Division Cash Fund and remit the balance to the State Treasurer.004.04D The car line company tax shall be distributed among the various taxing subdivisions in proportion to all railroad taxes levied by taxing subdivisions.004.05 Collection Of Taxes 004.05A The taxes levied in REG-30-004.04B shall become due and payable on January 31 following the year which the taxes are assessed. The first half shall become delinquent on March 1, and the second half shall become delinquent on July 1 following the year for which the taxes are assessed. Interest shall accrue on any delinquent tax at the rate specified in Neb. Rev. Stat. Section 45-104.01. The interest shall be collected and distributed the same as the tax on which the interest accrues. Pursuant to Neb. Rev. Stat. Section 77-3904, taxes levied under this section become a lien on the tangible and intangible personal property of those liable for payment of the tax. Such liens arise at the time of assessment under REG-30-004.04B, on January 31 of each year.004.05B If taxes and interest are not paid on July 1, following the levy, the Tax Commissioner can collect the tax by distress and sale of any property belonging to the delinquent company in the same manner as required of county treasurers and county sheriffs.004.05C If any company's taxes, interest, and penalties are not paid on July 1, following the levy, a lien and distress warrant will be issued by the Tax Commissioner against the company's money and credit in favor of the state of Nebraska until the liability is paid or settled.004.05D Any person or company in possession of the money and credits of the car line company which has been taxed must surrender the money and credits to the Tax Commissioner or agent, on demand. If any such person or company fails or refuses to surrender the money and credits pursuant to the requirements of this section, they are liable to the state of Nebraska for an amount equal to the value of the money and credits not surrendered, but not exceeding the amount of the taxes, interest, and penalties owed.004.06 Appeals 004.06A In the event the car line company shall feel aggrieved as to the valuation or method of allocation established, an appeal may be filed with the Tax Commissioner pursuant to the Practice and Procedure Regulation, Chapter 90, on or before February 15.004.06B The Tax Commissioner shall act upon the appeal and shall issue a written order a copy of which shall be mailed to the car line company within seven days after the date of the order. The Tax Commissioner's order may be appealed within thirty days after the date of the order to the Tax Equalization and Review Commission pursuant to Neb. Rev. Stat. Section 77-5013.350 Neb. Admin. Code, ch. 30, § 004