Assembly Bill No. 351–Committee on Taxation
March 1, 1999
____________
Referred to Committee on Taxation
SUMMARY—Revises standards for determining whether organization is created for religious, charitable or educational purposes for determining exemptions from sales and use taxes. (BDR 32-503)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 372.3261 is hereby amended to read as follows: 372.3261 1. For the purposes of NRS 372.326, an organization is1-3
created for religious, charitable or educational purposes if it complies with1-4
the provisions of this section.1-5
2. An organization is created for religious purposes if:1-6
(a) It complies with the requirements set forth in subsection 5; and1-7
(b) The sole or primary purpose of the organization is the operation of a1-8
church, synagogue or other place of religious worship at which nonprofit1-9
religious services and activities are regularly conducted. Such an1-10
organization includes, without limitation, an integrated auxiliary or1-11
affiliate of the organization, men’s, women’s or youth groups established1-12
by the organization, a school or mission society operated by the1-13
organization, an organization of local units of a church and a convention or1-14
association of churches.1-15
3. An organization is created for charitable purposes if:1-16
(a) It complies with the requirements set forth in subsection 5;1-17
(b) The sole or primary purpose of the organization is to:2-1
(1) Advance a public purpose, donate or render gratuitously or at a2-2
reduced rate a substantial portion of its services to the persons who are the2-3
subjects of its charitable services, and benefit a substantial and indefinite2-4
class of persons who are the legitimate subjects of charity; or2-5
(2) Provide services that are otherwise required to be provided by a2-6
local government, this state or the Federal Government; and2-7
(c) The organization is operating in this state.2-8
4. An organization is created for educational purposes if:2-9
(a) It complies with the requirements set forth in subsection 5; and2-10
(b) The sole or primary purpose of the organization is to:2-11
(1) Provide athletic, cultural or social activities for children;2-12
(2) Provide athletic activities for persons who are 50 years of age or2-13
older;2-14
(3) Provide displays or performances of the visual or performing arts2-15
to members of the general public;2-16
2-17
beneficial to the community; or2-18
2-19
that conducts regular classes and provides courses of study required for2-20
accreditation or licensing by the state board of education or the2-21
commission2-22
Northwest Association of Schools and Colleges.2-23
5. In addition to the requirements set forth in subsection 2, 3 or 4, an2-24
organization is created for religious, charitable or educational purposes if:2-25
(a) No part of the net earnings of any such organization inures to the2-26
benefit of a private shareholder, individual or entity;2-27
(b) The business of the organization is not conducted for profit;2-28
(c) No substantial part of the business of the organization is devoted to2-29
the advocacy of any political principle or the defeat or passage of any state2-30
or federal legislation;2-31
(d) The organization does not participate or intervene in any political2-32
campaign on behalf of or in opposition to any candidate for public office;2-33
and2-34
(e) Any property sold to the organization for which an exemption is2-35
claimed is used by the organization in this state in furtherance of the2-36
religious, charitable or educational purposes of the organization.2-37
Sec. 2. NRS 374.3306 is hereby amended to read as follows: 374.3306 1. For the purposes of NRS 374.3305, an organization is2-39
created for religious, charitable or educational purposes if it complies with2-40
the provisions of this section.2-41
2. An organization is created for religious purposes if:2-42
(a) It complies with the requirements set forth in subsection 5; and3-1
(b) The sole or primary purpose of the organization is the operation of a3-2
church, synagogue or other place of religious worship at which nonprofit3-3
religious services and activities are regularly conducted. Such an3-4
organization includes, without limitation, an integrated auxiliary or3-5
affiliate of the organization, men’s, women’s or youth groups established3-6
by the organization, a school or mission society operated by the3-7
organization, an organization of local units of a church and a convention or3-8
association of churches.3-9
3. An organization is created for charitable purposes if:3-10
(a) It complies with the requirements set forth in subsection 5;3-11
(b) The sole or primary purpose of the organization is to:3-12
(1) Advance a public purpose, donate or render gratuitously or at a3-13
reduced rate a substantial portion of its services to the persons who are the3-14
subjects of its charitable services, and benefit a substantial and indefinite3-15
class of persons who are the legitimate subjects of charity; or3-16
(2) Provide services that are otherwise required to be provided by a3-17
local government, this state or the Federal Government; and3-18
(c) The organization is operating in this state.3-19
4. An organization is created for educational purposes if:3-20
(a) It complies with the requirements set forth in subsection 5; and3-21
(b) The sole or primary purpose of the organization is to:3-22
(1) Provide athletic, cultural or social activities for children;3-23
(2) Provide athletic activities for persons who are 50 years of age or3-24
older;3-25
(3) Provide displays or performances of the visual or performing arts3-26
to members of the general public;3-27
3-28
beneficial to the community; or3-29
3-30
that conducts regular classes and provides courses of study required for3-31
accreditation or licensing by the state board of education or the3-32
commission3-33
Northwest Association of Schools and Colleges.3-34
5. In addition to the requirements set forth in subsection 2, 3 or 4, an3-35
organization is created for religious, charitable or educational purposes if:3-36
(a) No part of the net earnings of any such organization inures to the3-37
benefit of a private shareholder, individual or entity;3-38
(b) The business of the organization is not conducted for profit;3-39
(c) No substantial part of the business of the organization is devoted to3-40
the advocacy of any political principle or the defeat or passage of any state3-41
or federal legislation;4-1
(d) The organization does not participate or intervene in any political4-2
campaign on behalf of or in opposition to any candidate for public office;4-3
and4-4
(e) Any property sold to the organization for which an exemption is4-5
claimed is used by the organization in this state in furtherance of the4-6
religious, charitable or educational purposes of the organization.4-7
Sec. 3. This act becomes effective on January 1, 2000.~