Senate Bill No. 468–Committee on Taxation
March 17, 1999
____________
Referred to Committee on Taxation
SUMMARY—Changes provisions for certain taxes on sale of motorboat and for movement
of vehicles and motorboats. (BDR 32-1027)
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
AN ACT relating to motorboats; providing for the imposition of certain taxes on certain sales
of used motorboats; excluding the value of a motorboat taken in trade from the
sales price of a motorboat for the purposes of certain taxes; revising the
provisions governing the administration of the exemption from certain taxes for
the sale of tangible personal property to be shipped outside this state to include
the sale of a motorboat to a nonresident under certain circumstances; requiring
the department of motor vehicles and public safety to issue a special permit for
the movement of a motorboat under certain circumstances; exempting a
motorboat that has been documented pursuant to federal law from the
requirement of obtaining a title pursuant to the provisions governing watercraft;
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 374 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. "Motorboat" has the meaning ascribed to it in NRS 488.035.1-4
Sec. 3. 1. For the purposes of this section:1-5
(a) "Authorized appraisal" means an appraisal of the value of a1-6
motorboat that:1-7
(1) Is determined by the lowest value of comparable motorboats as1-8
estimated in the most current version of the National Automobile1-9
Dealers’ Association Marine Appraisal Guide; or1-10
(2) If the value of the motorboat is not set forth in the National1-11
Automobile Dealer’s Association Marine Appraisal Guide, is made by a2-1
dealer or manufacturer who has been issued a dealer’s certificate of2-2
number by the division.2-3
(b) "Division" means the division of wildlife of the state department of2-4
conservation and natural resources.2-5
2. In computing the tax on the sale of a motorboat by a seller who is2-6
not required to be registered with the department of taxation, the division2-7
shall, if an authorized appraisal is submitted:2-8
(a) Require the submission of a notarized copy of the bill of sale, or a2-9
copy of the bill of sale that is witnessed by an employee of the division for2-10
the particular motorboat; and2-11
(b) Use as the motorboat’s sales price the greatest of:2-12
(1) The amount stated on the authorized appraisal;2-13
(2) The cost of the motorboat as evidenced by the copy of the bill of2-14
sale; or2-15
(3) One hundred dollars.2-16
3. The division shall establish and make available a form for an2-17
authorized appraisal.2-18
4. The division shall retain a copy of the appraisal and bill of sale2-19
considered pursuant to subsection 2 with its record of the collection of2-20
the tax.2-21
5. A fee of not more than $10 may be charged and collected for each2-22
authorized appraisal made.2-23
6. The board of wildlife commissioners shall adopt by regulation an2-24
appropriate schedule of depreciation for motorboats.2-25
7. If an authorized appraisal is not submitted, the division shall2-26
establish the sales price as the depreciated value of the motorboat2-27
determined in accordance with its adopted schedule. To determine the2-28
original price from which depreciation is calculated, the division shall2-29
use:2-30
(a) The manufacturer’s suggested retail price in Nevada, excluding2-31
options and extras, as of the time the particular model of motorboat is2-32
first offered for sale in Nevada;2-33
(b) If the motorboat is specially constructed, the original retail price to2-34
the original purchaser of the motorboat as evidenced by such document2-35
or documents as the division may require; or2-36
(c) If neither of these applies, its own estimate from any available2-37
information.2-38
Sec. 4. NRS 374.020 is hereby amended to read as follows: 374.020 Except where the context otherwise requires, the definitions2-40
given in NRS 374.025 to 374.107, inclusive, and section 2 of this act2-41
govern the construction of this chapter.3-1
Sec. 5. NRS 374.040 is hereby amended to read as follows: 374.040 1. "Occasional sale," except as otherwise provided in3-3
subsection 2, includes:3-4
(a) A sale of property not held or used by a seller in the course of an3-5
activity for which he is required to hold a seller’s permit,3-6
the sale is not one of a series of sales sufficient in number, scope and3-7
character to constitute an activity requiring the holding of a seller’s permit.3-8
(b) Any transfer of all or substantially all the property held or used by a3-9
person in the course of such an activity when after3-10
real or ultimate ownership of3-11
that which existed before3-12
2. The term does not include the sale of a vehicle or motorboat other3-13
than the sale or transfer of a used vehicle or motorboat to the seller’s3-14
spouse, child, grandchild, parent, grandparent, brother or sister. For the3-15
purposes of this section, the relation of parent and child includes adoptive3-16
and illegitimate children and stepchildren.3-17
3. For the purposes of this section, stockholders, bondholders, partners3-18
or other persons holding an interest in a corporation or other entity are3-19
regarded as having the "real or ultimate ownership" of the property of3-20
3-21
Sec. 6. NRS 374.070 is hereby amended to read as follows: 374.070 1. "Sales price" means the total amount for which tangible3-23
property is sold, valued in money, whether paid in money or otherwise,3-24
without any deduction on account of any of the following:3-25
(a) The cost of the property sold.3-26
(b) The cost of the materials used, labor or service cost, interest3-27
charged, losses, or any other expenses.3-28
(c) The cost of transportation of the property before its purchase.3-29
2. The total amount for which property is sold includes all of the3-30
following:3-31
(a) Any services that are a part of the sale.3-32
(b) Any amount for which credit is given to the purchaser by the seller.3-33
3. "Sales price" does not include any of the following:3-34
(a) Cash discounts allowed and taken on sales.3-35
(b) The amount charged for property returned by customers when the3-36
entire amount charged therefor is refunded either in cash or credit; but this3-37
exclusion does not apply in any instance when the customer, in order to3-38
obtain the refund, is required to purchase other property at a price greater3-39
than the amount charged for the property that is returned.3-40
(c) The amount charged for labor or services rendered in installing or3-41
applying the property sold.4-1
(d) The amount of any tax (not including, however, any manufacturers’4-2
or importers’ excise tax) imposed by the United States upon or with respect4-3
to retail sales, whether imposed upon the retailer or the consumer.4-4
(e) The amount of any tax imposed by the State of Nevada upon or with4-5
respect to the storage, use or other consumption of tangible personal4-6
property purchased from any retailer.4-7
(f) The amount of any allowance against the selling price given by a4-8
retailer for the value of a used vehicle or motorboat which is taken in trade4-9
on the purchase of another vehicle4-10
4. For the purpose of a sale of a vehicle or motorboat by a seller who4-11
is not required to be registered with the department of taxation, the sales4-12
price is the value established in the manner set forth in NRS 374.1124-13
section 3 of this act.4-14
Sec. 7. NRS 374.7273 is hereby amended to read as follows: 374.7273 In administering the provisions of NRS 374.340, the4-16
department shall apply the exemption for the sale of tangible personal4-17
property delivered by the vendor to a forwarding agent for shipment out of4-18
state to include the sale of a vehicle or motorboat to a nonresident to whom4-19
a special movement permit has been issued by the department of motor4-20
vehicles and public safety pursuant to subsection 1 or 2 of NRS 482.3955.4-21
Sec. 8. NRS 482.3955 is hereby amended to read as follows: 482.3955 1.4-23
department shall issue to any dealer, distributor, rebuilder or other person,4-24
upon request, and upon payment of a fee of $8.25, a special permit, in a4-25
form to be determined by the department, for the movement of any vehicle4-26
or motorboat to sell outside the State of Nevada, or for the movement4-27
outside4-28
nonresident. The permit must be affixed to the vehicle or motorboat to be4-29
so moved in a manner and position to be determined by the department, and4-30
expires 15 days after its issuance.4-31
2. The department shall, upon request, and upon payment of a fee4-32
not to exceed $15, issue a single special permit pursuant to subsection 14-33
for the movement of a trailer that is carrying a motorboat.4-34
3. The department may issue a permit to a resident of this state who4-35
desires to move an unregistered vehicle within the state upon the payment4-36
of a fee of $8.25. The permit is valid for 24 hours.4-37
4-38
organization which intends to sell a vehicle which has been donated to the4-39
organization, issue to the organization a permit for the operation of the4-40
vehicle until the vehicle is sold by the organization. The department shall4-41
not charge a fee for the issuance of the permit.4-42
5. As used in this section, "motorboat" has the meaning ascribed to4-43
it in NRS 488.035.5-1
Sec. 9. NRS 485.187 is hereby amended to read as follows: 485.187 1. Except as otherwise provided in subsection 5, the owner5-3
of a motor vehicle shall not:5-4
(a) Operate the motor vehicle, if it is registered or required to be5-5
registered in this state, without having insurance as required by NRS5-6
485.185.5-7
(b) Operate or knowingly permit the operation of the motor vehicle5-8
without having evidence of insurance of the operator or the vehicle in the5-9
vehicle.5-10
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an5-11
authorized representative of the department the evidence of insurance.5-12
(d) Knowingly permit the operation of the motor vehicle in violation of5-13
subsection 3 of NRS 485.186.5-14
2. A person shall not operate the motor vehicle of another person5-15
unless:5-16
(a) He first ensures that the required evidence of insurance is present in5-17
the motor vehicle; or5-18
(b) He has his own evidence of insurance which covers him as the5-19
operator of the motor vehicle.5-20
3. Except as otherwise provided in subsection 4, any person who5-21
violates subsection 1 or 2 shall be punished by a fine of not less than $6005-22
nor more than $1,000 for each violation. The fine must be reduced to $1005-23
for the first violation if the person obtains a motor vehicle liability policy5-24
not later than 30 days after the fine is imposed, unless:5-25
(a) The person has registered the vehicle as part of a fleet of vehicles5-26
pursuant to subsection 5 of NRS 482.215; or5-27
(b) The person has been issued a certificate of self-insurance pursuant to5-28
NRS 485.380.5-29
4. A court:5-30
(a) Shall not fine a person for a violation of paragraph (a), (b) or (c) of5-31
subsection 1 or for a violation of subsection 2 if he presents evidence to the5-32
court that the insurance required by NRS 485.185 was in effect at the time5-33
demand was made for it.5-34
(b) Except as otherwise provided in paragraph (a), may impose a fine of5-35
$1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and5-36
suspend the fine on the condition that the person presents proof to the court5-37
each month for 12 months that the insurance required by NRS 485.185 is5-38
currently in effect.5-39
5. The provisions of paragraphs (b) and (c) of subsection 1 do not5-40
apply if the motor vehicle in question displays a valid permit issued by the5-41
department pursuant to subsection 1 or5-42
482.396, 482.3965, 482.423 or 482.424 authorizing the movement or5-43
operation of that vehicle within the state for a limited time.6-1
Sec. 10. NRS 488.085 is hereby amended to read as follows: 488.085 The owner of any motorboat already covered by a number in6-3
6-4
6-5
state shall record the number6-6
the waters of this state in excess of the 90-day reciprocity period provided6-7
for in NRS 488.175.6-8
the manner and pursuant to the procedure required for the award of a6-9
number under NRS 488.075, but no additional or substitute number6-10
may be issued.6-11
Sec. 11. NRS 488.175 is hereby amended to read as follows: 488.175 1. Except as otherwise provided in subsection 2, a6-13
motorboat need not be numbered pursuant to the provisions of this chapter6-14
if it is:6-15
(a) Already covered by a number in effect which6-16
awarded or issued to it pursuant to6-17
numbering system of another state if the boat has not been on the waters of6-18
this state for a period in excess of 90 consecutive days.6-19
(b) A motorboat from a country other than the United States temporarily6-20
using the waters of this state.6-21
(c) A public vessel of the United States, a state or a political subdivision6-22
of a state.6-23
(d) A ship’s lifeboat.6-24
(e) A motorboat belonging to a class of boats which has been exempted6-25
from numbering by the division of wildlife of the state department of6-26
conservation and natural resources after the division has found:6-27
(1) That the numbering of motorboats of that class will not materially6-28
aid in their identification; and6-29
(2) If an agency of the Federal Government has a numbering system6-30
applicable to the class of motorboats to which the motorboat in question6-31
belongs, that the motorboat would also be exempt from numbering if it6-32
were subject to the federal law.6-33
2. The division of wildlife may, by regulation, provide for the issuance6-34
of exempt numbers for motorboats not required to be registered under the6-35
provisions of this chapter.6-36
3. A motorboat need not be titled pursuant to the provisions of this6-37
chapter, if it6-38
(a) Is already covered by a certificate of ownership which6-39
was awarded or issued to it pursuant to the title system of another state6-40
or6-41
(b) Has been documented pursuant to chapter 121 of Title 46 of6-42
U.S.C.7-1
Sec. 12. NRS 488.1797 is hereby amended to read as follows: 488.1797 1. Before the issuance of any certificate of ownership, the7-3
division of wildlife of the state department of conservation and natural7-4
resources shall obtain a statement in writing signed by the transferee or7-5
transferor, showing:7-6
(a) The date of the sale or other transfer of ownership of the motorboat.7-7
(b) The name and address of the seller or transferor.7-8
(c) The name and address of the buyer or transferee.7-9
2. If the seller is not a retailer registered with the department of7-10
taxation, the division of wildlife shall collect the taxes imposed by or7-11
pursuant to Title 32 of NRS upon the sale or use of the motorboat. The7-12
division of wildlife may retain 2 percent of the amount collected to cover7-13
its administrative costs of collecting the taxes, and shall remit the7-14
remaining amount collected to the department of taxation.7-15
3. Upon receipt of the properly endorsed certificate of ownership, the7-16
certificate of number ,7-17
and the taxes if payable, the division of wildlife shall issue a new7-18
certificate of ownership and a new certificate of number to the transferee.7-19
The previous number may be reassigned to the transferee.7-20
Sec. 13. 1. This section and sections 1, 10 and 11 of this act become7-21
effective upon passage and approval.7-22
2. Section 3 of this act becomes effective upon passage and approval7-23
for the purpose of adopting regulations and on July 1, 2000, for all other7-24
purposes.7-25
3. Sections 2, 4 to 9, inclusive, and 12 of this act become effective on7-26
July 1, 2000.~