15 AAC 56.075. Taxable property

(a) For purposes of AS 43.56 and this chapter, property is

(1) "used primarily" for a purpose described in AS 43.56.210 (7)(A) if that property is actually used for one or more of those purposes more than 50 percent of the property's total operational time during the preceding tax year; and

(2) subject to (b) of this section, "committed by contract or other agreement for use primarily" for a purpose described in AS 43.56.210 (7)(A) if that property is committed by contract, specification, or other expressed intention of the property owner to one or more of those purposes, regardless of whether the property was actually used in the preceding tax year.

(b) Property that is used for or committed by contract or other agreement to a state approved oil spill response, prevention, or recovery plan is only taxable under AS 43.56 if the department determines that

(1) the property is used or committed for use for an oil spill response, prevention, or recovery plan necessary to the pipeline transportation of gas or unrefined oil or to the operation or maintenance of a marine terminal or other facility used in the pipeline transportation of gas or unrefined oil; and

(2) the property is not used or committed for use primarily for a purpose other than a plan described in (1) of this subsection.

(c) A motor-propelled vehicle designed primarily for normal public highway use or an aircraft licensed and regulated as an aircraft owned by a person whose principal business in the state is exploration for, production of, or pipeline transportation of gas or unrefined oil, may be excluded from taxation under AS 43.56 if the primary use of the vehicle or aircraft does not directly relate to the conduct of that business.

History: Eff. 7/30/82, Register 83; am 1/1/2003, Register 164

Authority: AS 43.05.080

AS 43.56.060

AS 43.56.200

AS 43.56.210 (7)

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