Senate Bill No. 402–Committee on Taxation

March 12, 1999

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Referred to Committee on Taxation

 

SUMMARY—Revises provisions relating to property tax. (BDR 32-1568)

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 property tax; exempting certain property from taxation; 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 361.086 is hereby amended to read as follows:

1-2 361.086 All real property and tangible personal property used

1-3 exclusively for housing and related facilities for elderly or handicapped

1-4 persons are exempt from taxation if:

1-5 1. The property [was] :

1-6 (a) Was wholly or partially financed by a loan under the Housing Act of

1-7 1959, as amended, 12 U.S.C. § 1701q; and

1-8 [2. The property is]

1-9 (b) Is owned or operated:

1-10 [(a)] (1) By a nonprofit corporation organized under the laws of the

1-11 State of Nevada; or

1-12 [(b)] (2) By a nonprofit corporation organized under the laws of another

1-13 state and qualified to do business as a nonprofit corporation under the laws

1-14 of the State of Nevada [.] ; or

1-15 2. The property was donated to a nonprofit corporation described in

1-16 subparagraph (1) or (2) of subsection 1 and is owned and operated by

1-17 that nonprofit corporation.

1-18 Sec. 2. NRS 361.157 is hereby amended to read as follows:

1-19 361.157 1. When any real estate or portion of real estate which for

1-20 any reason is exempt from taxation is leased, loaned or otherwise made

2-1 available to and used by a natural person, association, partnership or

2-2 corporation in connection with a business conducted for profit or as a

2-3 residence, or both, the leasehold interest, possessory interest, beneficial

2-4 interest or beneficial use of the lessee or user of the property is subject to

2-5 taxation to the extent the:

2-6 (a) Portion of the property leased or used; and

2-7 (b) Percentage of time during the fiscal year that the property is leased

2-8 by the lessee or used by the user,

2-9 can be segregated and identified. The taxable value of the interest or use

2-10 must be determined in the manner provided in subsection 3 of NRS

2-11 361.227.

2-12 2. Subsection 1 does not apply to:

2-13 (a) Property located upon a public airport, park, market or fairground or

2-14 any property owned by a public airport, unless the property owned by the

2-15 public airport is not located upon the public airport and the property is

2-16 leased, loaned or otherwise made available for purposes other than for the

2-17 purposes of a public airport, including, without limitation, residential,

2-18 commercial or industrial purposes;

2-19 (b) Federal property for which payments are made in lieu of taxes in

2-20 amounts equivalent to taxes which might otherwise be lawfully assessed;

2-21 (c) Property of any state-supported educational institution;

2-22 (d) Property leased or otherwise made available to and used by a natural

2-23 person, private association, private corporation, municipal corporation,

2-24 quasi-municipal corporation or a political subdivision under the provisions

2-25 of the Taylor Grazing Act or by the United States Forest Service or the

2-26 Bureau of Reclamation of the United States Department of the Interior;

2-27 (e) Property of any Indian or of any Indian tribe, band or community

2-28 which is held in trust by the United States or subject to a restriction against

2-29 alienation by the United States;

2-30 (f) Vending stand locations and facilities operated by blind persons

2-31 under the auspices of the bureau of services to the blind and visually

2-32 impaired of the rehabilitation division of the department of employment,

2-33 training and rehabilitation, whether or not the property is owned by the

2-34 federal, state or a local government;

2-35 (g) Leases held by a natural person, corporation, association, municipal

2-36 corporation, quasi-municipal corporation or political subdivision for

2-37 development of geothermal resources, but only for resources which have

2-38 not been put into commercial production;

2-39 (h) The use of exempt property that is leased, loaned or made available

2-40 to a public officer or employee, incident to or in the course of public

2-41 employment;

2-42 (i) A parsonage owned by a recognized religious society or corporation

2-43 when used exclusively as a parsonage;

3-1 (j) Property owned by a charitable or religious organization all or a

3-2 portion of which is made available to and is used as a residence by a natural

3-3 person in connection with carrying out the activities of the organization;

3-4 (k) Property owned by a nonprofit corporation or governmental entity

3-5 and used to provide shelter [at a reduced rate] or housing to elderly or

3-6 handicapped persons or persons having low incomes;

3-7 (l) The occasional rental of meeting rooms or similar facilities for

3-8 periods of less than 30 consecutive days; or

3-9 (m) The use of exempt property to provide day care for children if the

3-10 day care is provided by a nonprofit organization.

3-11 3. Taxes must be assessed to lessees or users of exempt real estate and

3-12 collected in the same manner as taxes assessed to owners of other real

3-13 estate, except that taxes due under this section do not become a lien against

3-14 the property. When due, the taxes constitute a debt due from the lessee or

3-15 user to the county for which the taxes were assessed and, if unpaid, are

3-16 recoverable by the county in the proper court of the county.

3-17 4. As used in this section, the term "park" does not include a golf

3-18 course.

3-19 Sec. 3. This act becomes effective on July 1, 1999.

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