Tax Type
Property Tax
Description
Classification as Real or Personal
Topic
Property Subject to Tax
Date Issued
11-08-1972
In classifying pole lines, conduit wire lines and central office equipment owned by a telephone company as real or personal property for tax assessment purposes, three factors should be considered; (1) annexation of the property to the realty, (2) adaptation to the use to which that part of the realty with which the property is connected is appropriated, and (3) the intention of the parties. A franchise agreement requiring removal of the equipment upon expiration may have evidentiary value in determining the classification. The intention of the parties is of great significance in making a determination and matters of fact are involved which must be determined before a conclusion as to classification can be reached.
Attorney General's Opinion