Assembly Bill No. 423–Assemblymen Freeman, Gibbons,
Humke, Leslie and Evans

March 8, 1999

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Referred to Committee on Taxation

 

SUMMARY—Revises provisions regarding taxation of real property. (BDR 32-867)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to taxation of real property; exempting property acquired by the Nevada Nature Conservancy from taxation; increasing the provisions for relief from property tax for certain elderly persons; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 361.111 is hereby amended to read as follows:

1-2 361.111 1. All real property and improvements thereon acquired by

1-3 the Nature Conservancy or the Nevada Nature Conservancy and held for

1-4 ultimate acquisition by the state or a local governmental unit are exempt

1-5 from taxation except as otherwise provided in subsections 2 and 3.

1-6 2. When [the Nature Conservancy] either organization transfers

1-7 property it has held for purposes of conservation to any person,

1-8 partnership, association, corporation or entity other than the state or a local

1-9 governmental unit, the property must be assessed at the rate set for first-

1-10 class pasture by the Nevada tax commission for each year it was exempt

1-11 pursuant to subsection 1 and the taxes must be collected as other taxes

1-12 under this chapter are collected.

1-13 3. When [the Nature Conservancy] either organization transfers

1-14 property it has held for purposes other than conservation to any person,

1-15 partnership, association, corporation or entity other than the state or a local

1-16 governmental unit, the tax imposed by this chapter must be assessed

1-17 against the property for each year it was exempt pursuant to subsection 1

1-18 and collected in the manner provided in this chapter.

2-1 4. The Nevada tax commission shall adopt regulations specifying the

2-2 criteria for determining when property has been held by [the Nature

2-3 Conservancy] either organization for purposes of conservation.

2-4 Sec. 2. NRS 361.833 is hereby amended to read as follows:

2-5 361.833 1. A senior citizen whose home is placed upon the secured

2-6 or unsecured tax roll, who has owned the home and maintained it as his

2-7 primary residence since July 1 immediately preceding the filing of his

2-8 claim and whose household income is within one of the income ranges for

2-9 which assistance is provided pursuant to this subsection is entitled to a

2-10 refund of the property tax accrued against his home to the extent

2-11 determined by the percentage shown opposite his household income range

2-12 on the schedule below, as that income range is adjusted pursuant to

2-13 subsection 3:

2-14 PERCENT TAX

2-15 Percent of

2-16 INCOME RANGE Claimant’s

2-17 If the Amount of Property Tax

2-18 Applicant’s Household But Not Accrued Allowable

2-19 Income Is Over Over as Assistance Is

2-20 $0 _ [$12,700] $12,900 90

2-21 [12,700] 12,900[14,800] 15,000 80

2-22 [14,800] 15,000[17,000] 17,250 50

2-23 [17,000] 17,250[19,100] 19,400 25

2-24 [19,100] 19,400[21,500] 21,800 10

2-25 2. The amount of the refund must not exceed the amount of the

2-26 accrued property tax or $500, whichever is less.

2-27 3. The monetary amounts shown for each income range in subsection

2-28 1 must be adjusted for each fiscal year by adding to each amount the

2-29 product of the amount shown multiplied by the percentage increase in the

2-30 Consumer Price Index from [December 1997 to the December] July 1998

2-31 to the July preceding the fiscal year for which the adjustment is calculated.

2-32 Sec. 3. NRS 361.833 is hereby amended to read as follows:

2-33 361.833 1. A senior citizen whose home is placed upon the secured

2-34 or unsecured tax roll, who has owned the home and maintained it as his

2-35 primary residence since July 1 immediately preceding the filing of his

2-36 claim and whose household income is within one of the income ranges for

2-37 which assistance is provided pursuant to this subsection is entitled to a

2-38 refund of

3-1 the property tax accrued against his home to the extent determined by the

3-2 percentage shown opposite his household income range on the schedule

3-3 below, as that income range is adjusted pursuant to subsection 3:

3-4 PERCENT TAX

3-5 Percent of

3-6 INCOME RANGE Claimant’s

3-7 If the Amount of Property Tax

3-8 Applicant’s Household But Not Accrued Allowable

3-9 Income Is Over Over as Assistance Is

3-10 $0 – $12,900 [90] 95

3-11 12,900 – 15,000 80

3-12 15,000 – 17,250 50

3-13 17,250 – 19,400 25

3-14 19,400 – 21,800 10

3-15 2. The amount of the refund must not exceed [the amount of the

3-16 accrued property tax or $500, whichever is less.] $1,100.

3-17 3. The monetary amounts shown for each income range in subsection

3-18 1 and the maximum amount set forth in subsection 2 must be adjusted for

3-19 each fiscal year by adding to each amount the product of the amount

3-20 shown multiplied by the percentage increase in the Consumer Price Index

3-21 from July 1998 to the July preceding the fiscal year for which the

3-22 adjustment is calculated.

3-23 Sec. 4. NRS 361A.286 is hereby amended to read as follows:

3-24 361A.286 1. The deferred tax and penalty assessed pursuant to NRS

3-25 361A.280 and 361A.283 are a perpetual lien until paid as provided in NRS

3-26 361.450. If the property continues to be used exclusively for agricultural

3-27 use or approved open-space use for 7 fiscal years after the date of

3-28 attachment, the lien for that earliest year expires. The lien is for an

3-29 undetermined amount until the property is converted and the amount is

3-30 determined pursuant to NRS 361A.280. Any liens calculated and recorded

3-31 before July 1, 1989, for property that had not been converted shall be

3-32 deemed to have expired on that date.

3-33 2. If agricultural or open-space real property receiving agricultural or

3-34 open-space use assessment is sold or transferred to an ownership making it

3-35 exempt from taxation ad valorem, any such liens for deferred taxes must

3-36 be canceled, except for such liens on property acquired by the Nature

3-37 Conservancy [.] or the Nevada Nature Conservancy.

4-1 3. The provisions of this section do not apply to any portion of

4-2 agricultural or open-space real property if the deferred tax and any penalty

4-3 have been paid pursuant to NRS 361A.265.

4-4 4. Each year, the county assessor must record a list of parcel numbers

4-5 and owner’s names for all parcels on which a lien exists pursuant to

4-6 subsection 1.

4-7 Sec. 5. 1. This section and sections 1 and 4 of this act become

4-8 effective on July 1, 1999.

4-9 2. Section 2 of this act becomes effective on July 1, 2000.

4-10 3. Section 3 of this act becomes effective on July 1, 2001.

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