LegalFix

489-FF - Average Railway Revenues and Expenses.

NY Real Prop Tax L § 489-FF (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) Ascertain so far as may be practicable the revenues which such railroad company is entitled to receive from transportation service and from operations incident thereto and from rents derived from property, other than transportation equipment, used for transportation purposes, and either increase that amount by the net rental receivable or decrease it by the net rental payable for the possession or use of transportation equipment;

(b) Average the revenue ascertained pursuant to paragraph (a) of this subdivision for the most recent five fiscal years ending on or before the last day of December immediately preceding the tentative determination of the railroad ceiling. If a railroad company shall have operated for less than such five years, then average the revenue for the number of years of operation immediately preceding the tentative determination of the railroad ceiling. The result shall be the average railway revenues. 2. The average railway expenses shall be determined for each railroad company as follows:

(a) Ascertain so far as may be practicable the expenses incurred in furnishing transportation service and in operations incident thereto, including the expense of rents on and maintenance and depreciation of the property used in the service and taxes for old-age retirement and unemployment insurance but excluding all other taxes;

(b) Average the expenses ascertained pursuant to paragraph (a) of this subdivision for the most recent five fiscal years ending on or before the last day of December immediately preceding the tentative determination of the railroad ceiling. If a railroad company shall have operated for less than such five years, then average the expenses for the number of years of operation immediately preceding the tentative determination of the railroad ceiling. The result shall be the average railway expenses. 3. If on the effective date of this title, the major portion of the property of a railroad company and the management and control of such company are located outside of the territorial limits of the United States, the average railway revenues and expenses of such railroad company shall consist of the revenues and expenses as defined above attributable to transportation operations in the United States. 4. In making determinations under this section, the commissioner shall consider the information contained in the income, profit and loss statements and other financial statements of each railroad company filed with the interstate commerce commission, and the accounting records maintained by such railroad company in accordance with the uniform system of accounts for railroad companies prescribed by the interstate commerce commission. The commissioner may consider information available from the commissioner of transportation or other regulatory agency having jurisdiction over the accounts of such railroad company, as well as information available from other sources, including reports required pursuant to section four hundred eighty-nine-nn of this chapter, and such other information as may be available to it.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
489-FF - Average Railway Revenues and Expenses.