Assembly Bill No. 455–Assemblyman Perkins

March 10, 1999

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Referred to Committee on Taxation

 

SUMMARY—Provides exemption from vehicle privilege tax for certain vehicles registered by elderly persons. (BDR 32-583)

FISCAL NOTE: Effect on Local Government: Yes.

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 the vehicle privilege tax; providing an exemption from the tax for certain vehicles registered by elderly persons; providing a penalty; 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. Chapter 371 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. Except as otherwise provided in this section, a vehicle registered

1-4 by an elderly person who is an actual bona fide resident of this state is

1-5 exempt from taxation to the extent of $5,000 of its determined valuation.

1-6 2. For the purpose of this section, the first $5,000 of the determined

1-7 valuation of a vehicle in which an elderly person has any interest shall be

1-8 deemed to belong to that person.

1-9 3. An elderly person claiming the exemption shall file annually with

1-10 the department in the county where the exemption is claimed an affidavit

1-11 declaring that he is an elderly person and an actual bona fide resident of

1-12 the State of Nevada, and that the exemption is claimed in no other county

1-13 within this state. After the filing of the original affidavit, the county

1-14 assessor shall mail a form for renewal of the exemption to the elderly

1-15 person each year following a year in which the exemption was allowed

1-16 for that person. The form must be designed to facilitate its return by mail

1-17 by the person claiming the exemption.

1-18 4. Before allowing an exemption pursuant to this section, the

1-19 department shall require proof of the age and residency of the elderly

2-1 person, and for that purpose shall require the person claiming the

2-2 exemption to produce his driver’s license or a copy of his birth

2-3 certificate, and such other proof of his residency as may be necessary.

2-4 5. The exemption provided in this section does not apply to:

2-5 (a) A bus, truck or truck trailer having a declared gross weight of

2-6 10,000 pounds or more; or

2-7 (b) A trailer or semitrailer having an unladen weight of 4,000 pounds

2-8 or more.

2-9 6. If a person files a false affidavit or produces false proof to the

2-10 department, and as a result of the false affidavit or false proof a tax

2-11 exemption is allowed to a person not entitled to the exemption, that

2-12 person is guilty of a gross misdemeanor.

2-13 7. As used in this section, "elderly person" means a person who is 55

2-14 years of age or older.

2-15 Sec. 2. NRS 371.105 is hereby amended to read as follows:

2-16 371.105 Claims pursuant to NRS 371.101, 371.102, 371.103 or

2-17 371.104 , or section 1 of this act, for [tax exemption on] an exemption

2-18 from the vehicle privilege tax and designations of any amount to be

2-19 credited to the veterans’ home account pursuant to NRS 371.1035 must be

2-20 filed annually [at any time] on or before the date when payment of the tax

2-21 is due. All exemptions provided for in this section must not be in an

2-22 amount which gives the taxpayer a total exemption greater than that to

2-23 which he is entitled during any fiscal year.

2-24 Sec. 3. NRS 371.106 is hereby amended to read as follows:

2-25 371.106 1. Whenever any vehicle ceases to be exempt from taxation

2-26 under NRS 371.101, 371.102, 371.103 or 371.104 , or section 1 of this

2-27 act, because the owner no longer meets the requirements for the exemption

2-28 provided in those sections, its owner shall immediately notify the

2-29 department of [the] that fact.

2-30 2. If a person fails to notify the department as required by subsection 1

2-31 and as a result of [such] the failure is allowed a tax exemption to which he

2-32 is not entitled, there [shall] must be added to and collected with the tax

2-33 otherwise due a penalty equal to double the amount of the tax. If the

2-34 person’s failure is fraudulent and results in his receiving a tax exemption to

2-35 which he is not entitled, the person is also guilty of a gross misdemeanor.

2-36 Sec. 4. This act becomes effective on July 1, 1999.

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