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
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: 361.086 All real property and tangible personal property used1-3
exclusively for housing and related facilities for elderly or handicapped1-4
persons are exempt from taxation if:1-5
1. The property1-6
(a) Was wholly or partially financed by a loan under the Housing Act of1-7
1959, as amended, 12 U.S.C. § 1701q; and1-8
1-9
(b) Is owned or operated:1-10
1-11
State of Nevada; or1-12
1-13
state and qualified to do business as a nonprofit corporation under the laws1-14
of the State of Nevada1-15
2. The property was donated to a nonprofit corporation described in1-16
subparagraph (1) or (2) of subsection 1 and is owned and operated by1-17
that nonprofit corporation.1-18
Sec. 2. NRS 361.157 is hereby amended to read as follows: 361.157 1. When any real estate or portion of real estate which for1-20
any reason is exempt from taxation is leased, loaned or otherwise made2-1
available to and used by a natural person, association, partnership or2-2
corporation in connection with a business conducted for profit or as a2-3
residence, or both, the leasehold interest, possessory interest, beneficial2-4
interest or beneficial use of the lessee or user of the property is subject to2-5
taxation to the extent the:2-6
(a) Portion of the property leased or used; and2-7
(b) Percentage of time during the fiscal year that the property is leased2-8
by the lessee or used by the user,2-9
can be segregated and identified. The taxable value of the interest or use2-10
must be determined in the manner provided in subsection 3 of NRS2-11
361.227.2-12
2. Subsection 1 does not apply to:2-13
(a) Property located upon a public airport, park, market or fairground or2-14
any property owned by a public airport, unless the property owned by the2-15
public airport is not located upon the public airport and the property is2-16
leased, loaned or otherwise made available for purposes other than for the2-17
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 in2-20
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 natural2-23
person, private association, private corporation, municipal corporation,2-24
quasi-municipal corporation or a political subdivision under the provisions2-25
of the Taylor Grazing Act or by the United States Forest Service or the2-26
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 community2-28
which is held in trust by the United States or subject to a restriction against2-29
alienation by the United States;2-30
(f) Vending stand locations and facilities operated by blind persons2-31
under the auspices of the bureau of services to the blind and visually2-32
impaired of the rehabilitation division of the department of employment,2-33
training and rehabilitation, whether or not the property is owned by the2-34
federal, state or a local government;2-35
(g) Leases held by a natural person, corporation, association, municipal2-36
corporation, quasi-municipal corporation or political subdivision for2-37
development of geothermal resources, but only for resources which have2-38
not been put into commercial production;2-39
(h) The use of exempt property that is leased, loaned or made available2-40
to a public officer or employee, incident to or in the course of public2-41
employment;2-42
(i) A parsonage owned by a recognized religious society or corporation2-43
when used exclusively as a parsonage;3-1
(j) Property owned by a charitable or religious organization all or a3-2
portion of which is made available to and is used as a residence by a natural3-3
person in connection with carrying out the activities of the organization;3-4
(k) Property owned by a nonprofit corporation or governmental entity3-5
and used to provide shelter3-6
handicapped persons or persons having low incomes;3-7
(l) The occasional rental of meeting rooms or similar facilities for3-8
periods of less than 30 consecutive days; or3-9
(m) The use of exempt property to provide day care for children if the3-10
day care is provided by a nonprofit organization.3-11
3. Taxes must be assessed to lessees or users of exempt real estate and3-12
collected in the same manner as taxes assessed to owners of other real3-13
estate, except that taxes due under this section do not become a lien against3-14
the property. When due, the taxes constitute a debt due from the lessee or3-15
user to the county for which the taxes were assessed and, if unpaid, are3-16
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 golf3-18
course.3-19
Sec. 3. This act becomes effective on July 1, 1999.~