Assembly Bill No. 567–Assemblymen Thomas, Parnell, Goldwater, Carpenter, Segerblom, Marvel, Gibbons, Buckley, Williams, Parks, Ohrenschall, Price, Berman, Collins, Manendo, Lee, Beers, Leslie, Evans, Chowning, de Braga, Mortenson, Neighbors, Claborn, McClain, Koivisto, Perkins, Freeman, Brower and Dini
March 15, 1999
____________
Referred to Committee on Taxation
SUMMARY—Provides exemption from business tax for business that provides pass for public transit to its employees. (BDR 32-1340)
FISCAL NOTE: Effect on Local Government: No.
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 364A.150 is hereby amended to read as follows: 364A.150 1. The total number of equivalent full-time employees1-3
employed by a business in a quarter must be calculated by dividing the1-4
total number of hours all employees have worked during the quarter by1-5
468.1-6
2. To determine the total number of hours all employees have worked1-7
during the quarter, the business must add the total number of hours worked1-8
by full-time employees based in this state during the quarter to the total1-9
number of hours worked by part-time employees based in this state during1-10
the quarter and to the total number of hours worked in this state by1-11
employees described in subsection 6. A "full-time employee" is a person1-12
who is employed to work at least 36 hours per week. All other employees1-13
are part-time employees. An occasional reduction in the number of hours1-14
actually worked in any week by a particular employee, as the result of2-1
sickness, vacation or other compensated absence, does not affect his status2-2
for the purposes of this section if his regular hours of work are 36 or more2-3
per week. All hours for which a part-time employee is paid must be2-4
included.2-5
3. Except as otherwise provided in2-6
8, the total number of hours worked by full-time employees of a business2-7
during the quarter may be calculated by:2-8
(a) Determining from the records of the business the number of hours2-9
each full-time employee has worked during the quarter up to a maximum2-10
of 468 hours per quarter and totaling the results; or2-11
(b) Multiplying 7.2 hours by the number of days each full-time2-12
employee was employed by the business up to a maximum of 65 days per2-13
quarter and totaling the results.2-14
4. Except as otherwise provided in2-15
8, the total number of hours worked by part-time employees of a business2-16
during the quarter must be calculated by determining from the records of2-17
the business the number of hours each part-time employee has worked2-18
during the quarter and totaling the results.2-19
5. The total number of hours all employees have worked during the2-20
quarter must be calculated excluding the hours worked by a sole proprietor2-21
or one natural person in any unincorporated business, who shall be deemed2-22
the owner of the business rather than an employee.2-23
6. To determine the total number of hours all employees have worked2-24
during the quarter, in the case of a business which employs a natural2-25
person at a base or business location outside Nevada, but directs that2-26
person to perform at least some of his duties in Nevada, the calculation2-27
must include the total number of hours actually worked by that person in2-28
Nevada during the quarter. To calculate the number of hours worked in2-29
Nevada, the formula in paragraph (b) of subsection 3 must be used for full-2-30
time employees, and the formula in subsection 4 must be used for part-time2-31
employees.2-32
7. Except as otherwise provided in subsection2-33
employs in a calendar quarter a person whose monthly income for that2-34
calendar quarter is 150 percent or less of the federally designated level2-35
signifying poverty, the business may exclude the total number of hours2-36
which the employee worked during that calendar quarter in calculating the2-37
total number of hours worked by employees of the business during the2-38
quarter if the business provided to the employee for the whole calendar2-39
quarter:2-40
(a) Free child care for the children of the employee at an on-site child2-41
care facility; or3-1
(b) One or more vouchers for use by the employee to pay the total cost3-2
of child care for the calendar quarter at a licensed child care facility that is3-3
within a reasonable distance from the business.3-4
8. Except as otherwise provided in subsection 9, if a business pays3-5
for and provides a pass for public transit to an employee during a whole3-6
calendar quarter, the business may exclude the total number of hours3-7
which the employee worked during that calendar quarter in calculating3-8
the total number of hours worked by employees of the business during3-9
the quarter.3-10
9. The number of hours excluded pursuant to3-11
7 and 8 must not reduce the total tax liability of the business by more than3-12
50 percent.3-13
3-14
(a) "On-site child care facility" has the meaning ascribed to it in NRS3-15
432A.0275.3-16
(b) "Pass for public transit" means a card or other object that, when3-17
held by a person, entitles that person to use one or more of the methods3-18
of conveyance employed by a public transit system without paying an3-19
additional fare.3-20
(c) "Public transit system" has the meaning ascribed to it in NRS3-21
377A.016.3-22
Sec. 2. This act becomes effective on July 1, 1999.~