Power subsidiary; retail transaction

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.