1. Senate Bill No. 537–Committee on Government Affairs

CHAPTER........

AN ACT relating to taxation; providing for the revision of the provisions governing tax

abatements for certain businesses to provide uniformity in the criteria for

qualification; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 360 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. A person who intends to locate or expand a business in this state

may apply to the commission on economic development for a partial

abatement of one or more of the taxes imposed on the new or expanded

business pursuant to chapter 361, 364A or 374 of NRS.

2. The commission on economic development shall approve an

application for a partial abatement if the commission makes the

following determinations:

(a) The business is consistent with:

(1) The state plan for industrial development and diversification

that is developed by the commission pursuant to NRS 231.067; and

(2) Any guidelines adopted pursuant to the state plan.

(b) The applicant has executed an agreement with the commission

which states that the business will, after the date on which a certificate of

eligibility for the abatement is issued pursuant to subsection 5, continue

in operation in this state for a period specified by the commission, which

must be at least 5 years, and will continue to meet the eligibility

requirements set forth in this subsection. The agreement must bind the

successors in interest of the business for the specified period.

(c) The business is registered pursuant to the laws of this state or the

applicant commits to obtain a valid business license and all other permits

required by the county, city or town in which the business operates.

(d) Except as otherwise provided in NRS 361.0687, if the business is a

new business in a county or city whose population is 50,000 or more, the

business meets at least two of the following requirements:

(1) The business will have 75 or more full-time employees on the

payroll of the business by the fourth quarter that it is in operation.

(2) Establishing the business will require the business to make a

capital investment of at least $1,000,000 in this state.

(3) The average hourly wage that will be paid by the new business

to its employees in this state is at least 100 percent of the average

statewide hourly wage as established by the employment security division

of the department of employment, training and rehabilitation on July 1

of each fiscal year and:

(I) The business will provide a health insurance plan for all

employees that includes an option for health insurance coverage for

dependents of the employees; and

(II) The cost to the business for the benefits the business provides

to its employees in this state will meet the minimum requirements for

benefits established by the commission by regulation pursuant to

subsection 9.

(e) Except as otherwise provided in NRS 361.0687, if the business is a

new business in a county or city whose population is less than 50,000, the

business meets at least two of the following requirements:

(1) The business will have 25 or more full-time employees on the

payroll of the business by the fourth quarter that it is in operation.

(2) Establishing the business will require the business to make a

capital investment of at least $250,000 in this state.

(3) The average hourly wage that will be paid by the new business

to its employees in this state is at least 100 percent of the average

statewide hourly wage as established by the employment security division

of the department of employment, training and rehabilitation on July 1

of each fiscal year and:

(I) The business will provide a health insurance plan for all

employees that includes an option for health insurance coverage for

dependents of the employees; and

(II) The cost to the business for the benefits the business provides

to its employees in this state will meet the minimum requirements for

benefits established by the commission by regulation pursuant to

subsection 9.

(f) If the business is an existing business, the business meets at least

two of the following requirements:

(1) The business will increase the number of employees on its

payroll by 10 percent more than it employed in the immediately

preceding fiscal year or by six employees, whichever is greater.

(2) The business will expand by making a capital investment in this

state in an amount equal to at least 20 percent of the value of the

tangible property possessed by the business in the immediately preceding

fiscal year. The determination of the value of the tangible property

possessed by the business in the immediately preceding fiscal year must

be made by the:

(I) County assessor of the county in which the business will

expand, if the business is locally assessed; or

(II) Department, if the business is centrally assessed.

(3) The average hourly wage that will be paid by the existing

business to its new employees in this state is at least 100 percent of the

average statewide hourly wage as established by the employment security

division of the department of employment, training and rehabilitation on

July 1 of each fiscal year and:

(I) The business will provide a health insurance plan for all new

employees that includes an option for health insurance coverage for

dependents of the employees; and

(II) The cost to the business for the benefits the business provides

to its new employees in this state will meet the minimum requirements for

benefits established by the commission by regulation pursuant to

subsection 9.

3. Notwithstanding the provisions of subsection 2, the commission on

economic development may:

(a) Approve an application for a partial abatement by a business that

does not meet the requirements set forth in paragraph (d), (e) or (f) of

subsection 2;

(b) Make the requirements set forth in paragraph (d), (e) or (f) of

subsection 2 more stringent; or

(c) Add additional requirements that a business must meet to qualify

for a partial abatement,

if the commission determines that such action is necessary.

4. If a person submits an application to the commission on economic

development pursuant to subsection 1, the commission shall provide

notice to the governing body of the county and the city or town, if any, in

which the person intends to locate or expand a business. The notice

required pursuant to this subsection must set forth the date, time and

location of the hearing at which the commission will consider the

application.

5. If the commission on economic development approves an

application for a partial abatement, the commission shall immediately

forward a certificate of eligibility for the abatement to:

(a) The department;

(b) The Nevada tax commission; and

(c) If the partial abatement is from the property tax imposed pursuant

to chapter 361 of NRS, the county treasurer.

6. An applicant for a partial abatement pursuant to this section or an

existing business whose partial abatement is in effect shall, upon the

request of the executive director of the commission on economic

development, furnish the executive director with copies of all records

necessary to verify that the applicant meets the requirements of

subsection 2.

7. If a business whose partial abatement has been approved pursuant

to this section and is in effect ceases:

(a) To meet the requirements set forth in subsection 2; or

(b) Operation before the time specified in the agreement described in

paragraph (b) of subsection 2,

the business shall repay to the department or, if the partial abatement

was from the property tax imposed pursuant to chapter 361 of NRS, to

the county treasurer, the amount of the exemption that was allowed

pursuant to this section before the failure of the business to comply

unless the Nevada tax commission determines that the business has

substantially complied with the requirements of this section. The business

is also required to pay interest on the amount due at the rate most

recently established pursuant to NRS 99.040 for each month, or portion

thereof, from the last day of the month following the period for which the

payment would have been made had the partial abatement not been

approved until the date of payment of the tax.

8. A county treasurer:

(a) Shall deposit any money that he receives pursuant to subsection 7

in one or more of the funds established by a local government of the

county pursuant to NRS 354.611, 354.6113 or 354.6115; and

(b) May use the money deposited pursuant to paragraph (a) only for

the purposes authorized by NRS 354.611, 354.6113 and 354.6115.

9. The commission on economic development:

(a) Shall adopt regulations regarding:

(1) The minimum level of benefits that a business must provide to

its employees if the business is going to use benefits paid to employees as

a basis to qualify for a partial abatement; and

(2) The notice that must be provided pursuant to subsection 4.

(b) May adopt such other regulations as the commission on economic

development determines to be necessary to carry out the provisions of this

section.

10. The Nevada tax commission:

(a) Shall adopt regulations regarding:

(1) The capital investment that a new business must make to meet

the requirement set forth in paragraph (d) or (e) of subsection 2; and

(2) Any security that a business is required to post to qualify for a

partial abatement pursuant to this section.

(b) May adopt such other regulations as the Nevada tax commission

determines to be necessary to carry out the provisions of this section.

11. An applicant for an abatement who is aggrieved by a final

decision of the commission on economic development may petition for

judicial review in the manner provided in chapter 233B of NRS.

Sec. 2. NRS 361.0687 is hereby amended to read as follows:

  1. 361.0687 1. A person who intends to locate or expand a business in
  1. this state may , pursuant to section 1 of this act, apply to the commission
  1. on economic development for a partial abatement from the taxes imposed
  1. by this chapter . [on the personal property of the new or expanded business.
  1. 2. The commission on economic development may approve an
  1. application for a partial abatement if the commission makes the following
  1. determinations:
  1. (a) The goals of the business are consistent with the goals of the
  1. commission and the community concerning industrial development and
  1. diversification.
  1. (b) The abatement is a significant factor in the decision of the applicant
  1. to locate or expand a business in this state or the appropriate affected local
  2. government determines that the abatement will be beneficial to the
  1. economic development of the community.
  1. (c) The average hourly wage which will be paid by the new or expanded
  1. business to its employees in this state is at least 125 percent of the average
  1. statewide industrial hourly wage as established by the employment security
  1. division of the department of employment, training and rehabilitation on
  1. July 1 of each fiscal year.
  1. (d) The business will provide a health insurance plan for all employees
  1. that includes an option for health insurance coverage for dependents of the
  1. employees.
  1. (e) The cost to the business for the benefits the business provides to its
  1. employees in this state will meet the minimum requirements for benefits
  1. established by the commission pursuant to subsection 8.
  1. (f) A capital investment for personal property will be made to locate or
  1. expand the business in Nevada which is at least:
  1. (1) If the personal property directly related to the establishment of the
  1. business in this state is primarily located in a county whose population:
  1. (I) Is 100,000 or more, $50,000,000.
  1. (II) Is less than 100,000, $20,000,000.
  1. (2) If the personal property directly related to the expansion of the
  1. business is primarily located in a county whose population:
  1. (I) Is 100,000 or more, $10,000,000.
  1. (II) Is less than 100,000, $4,000,000.
  1. (g) The business will create at least the following number of new, full
  1. -time and permanent jobs in the State of Nevada by the fourth quarter that it
  1. is in operation:
  1. (1) If a new business will be primarily located in a county whose
  1. population:
  1. (I) Is 100,000 or more, 100 jobs.
  1. (II) Is less than 100,000, 35 jobs.
  1. (2) If an expanded business will be primarily located in a county
  1. whose population:
  1. (I) Is 100,000 or more, and the business has at least 100 employees
  1. in this state, 20 jobs. An expanded business primarily located in such a
  1. county that has less than 100 employees is not eligible for a partial
  1. abatement pursuant to this section.
  1. (II) Is less than 100,000, and the business has at least 35 employees
  1. in this state, 10 jobs. An expanded business primarily located in such a
  1. county that has less than 35 employees is not eligible for a partial
  1. abatement pursuant to this section.
  1. (h) For the expansion of a business primarily located in a county whose
  1. population:
  1. (1) Is 100,000 or more, the book value of the assets of the business in
  1. this state is at least $20,000,000.
  1. (2) Is less than 100,000, the book value of the assets of the business
  1. in this state is at least $5,000,000.
  2. (i) The business is registered pursuant to the laws of this state or the
  1. applicant commits to obtain a valid business license and all other permits
  1. required by the county, city or town in which the business operates.
  1. (j) The proposed abatement has been approved by the governing body of
  1. the appropriate affected local government as determined pursuant to the
  1. regulations adopted pursuant to subsection 8. In determining whether to
  1. approve a proposed abatement, the governing body shall consider whether
  1. the taxes to be paid by the business are sufficient to pay for any investment
  1. required to be made by the local government for services associated with
  1. the relocation or expansion of the business, including, without limitation,
  1. costs related to the construction and maintenance of roads, sewer and water
  1. services, fire and police protection and the construction and maintenance of
  1. schools.
  1. (k) The applicant has executed an agreement with the commission which
  1. states that the business will continue in operation in Nevada for 10 or more
  1. years after the date on which a certificate of eligibility for the abatement is
  1. issued pursuant to subsection 5 and will continue to meet the eligibility
  1. requirements contained in this subsection. The agreement must bind the
  1. successors in interest of the business for the required period.
  1. 3. An applicant shall, upon the request of the executive director of the
  1. commission on economic development, furnish him with copies of all
  1. records necessary to verify that the applicant meets the requirements of
  1. subsection 2.
  1. 4. The percentage of the abatement must be 50 percent of the taxes
  1. payable each year.
  1. 5. If an application for a partial abatement is approved, the commission
  1. on economic development shall immediately forward a certificate of
  1. eligibility for the abatement to:
  1. (a) The department; and
  1. (b) The county assessor of each county in which personal property
  1. directly related to the establishment or expansion of the business will be
  1. located.
  1. 6. Upon receipt by the department of the certificate of eligibility, the
  1. taxpayer is eligible for an abatement from the tax imposed by this chapter
  1. for 10 years:
  1. (a) For the expansion of a business, on all personal property of the
  1. business that is located in Nevada and directly related to the expansion of
  1. the business in this state.
  1. (b) For a new business, on all personal property of the business that is
  1. located in Nevada and directly related to the establishment of the business
  1. in this state.
  1. 7. If a business for which an abatement has been approved is not
  1. maintained in this state in accordance with the agreement required in
  1. subsection 2, for at least 10 years after the commission on economic
  1. development approved the abatement, the person who applied for the
  1. abatement shall repay to the county treasurer or treasurers who would have
  2. received the taxes but for the abatement the total amount of all taxes that
  1. were abated pursuant to this section. The person who applied for the
  1. abatement shall pay interest on the amount due at the rate of 10 percent per
  1. annum for each month, or portion thereof, from the last day of the month
  1. following the period for which the payment would have been made if the
  1. abatement had not been granted until the date of the actual payment of the
  1. tax.
  1. 8. A county treasurer:
  1. (a) Shall deposit any money that he receives pursuant to subsection 7 in
  1. one or more of the funds established by a local government of the county
  1. pursuant to NRS 354.611, 354.6113 or 354.6115; and
  1. (b) May use the money deposited pursuant to paragraph (a) only for the
  1. purposes authorized by NRS 354.611, 354.6113 and 354.6115.
  1. 9. The commission on economic development shall adopt regulations
  1. necessary to carry out the provisions of this section. The regulations must
  1. include, but not be limited to:
  1. (a) A method for determining the appropriate affected local government
  1. to approve a proposed abatement and the procedure for obtaining such
  1. approval; and
  1. (b) Minimum requirements for benefits that a business applying for a
  1. partial abatement must offer to its employees to be approved for the partial
  1. abatement.
  1. 10. The department shall adopt regulations concerning how county
  1. assessors shall administer partial abatements approved pursuant to this
  1. section.
  1. 11. An applicant for an abatement who is aggrieved by a final decision
  1. of the commission on economic development may petition for judicial
  1. review in the manner provided in chapter 233B of NRS.]
  1. 2. For a business to qualify pursuant to section 1 of this act for a
  1. partial abatement from the taxes imposed by this chapter, the
  1. commission on economic development must determine that, in addition
  1. to meeting the other requirements set forth in subsection 2 of that
  1. section:
  1. (a) If the business is a new business in a county or city whose
  1. population is 50,000 or more:
  1. (1) The business will make a capital investment in the county of at
  1. least $50,000,000 if the business is an industrial or manufacturing
  1. business or at least $5,000,000 if the business is not an industrial or
  1. manufacturing business; and
  1. (2) The average hourly wage that will be paid by the new business
  1. to its employees in this state is at least 100 percent of the average
  1. statewide hourly wage as established by the employment security division
  1. of the department of employment, training and rehabilitation on July 1
  1. of each fiscal year.
  1. (b) If the business is a new business in a county or city whose
  1. population is less than 50,000:
  2. (1) The business will make a capital investment in the county of at
  1. least $5,000,000 if the business is an industrial or manufacturing
  1. business or at least $500,000 if the business is not an industrial or
  1. manufacturing business; and
  1. (2) The average hourly wage that will be paid by the new business
  1. to its employees in this state is at least 100 percent of the average
  1. statewide hourly wage as established by the employment security division
  1. of the department of employment, training and rehabilitation on July 1
  1. of each fiscal year.
  1. 3. If a partial abatement from the taxes imposed by this chapter is
  1. approved by the commission on economic development pursuant to
  1. section 1 of this act:
  1. (a) The partial abatement must:
  1. (1) Be for a duration of at least 1 year but not more than 10 years;
  1. (2) Not exceed 50 percent of the taxes payable by a business each
  1. year pursuant to this chapter; and
  1. (3) Be administered and carried out in the manner set forth in
  1. section 1 of this act.
  1. (b) The executive director of the commission on economic
  1. development shall notify the county assessor of the county in which the
  1. business is located of the approval of the partial abatement, including,
  1. without limitation, the duration and percentage of the partial abatement
  1. that the commission granted. The executive director shall, on or before
  1. April 15 of each year, advise the county assessor of each county in which
  1. a business qualifies for a partial abatement during the current fiscal year
  1. as to whether the business is still eligible for the partial abatement in the
  1. next succeeding fiscal year.

Sec. 3. NRS 364A.170 is hereby amended to read as follows:

  1. 364A.170 1. A [proposed] business that qualifies pursuant to the
  1. provisions of [this] section 1 of this act is entitled to an exemption of:
  1. (a) Eighty percent of the amount of tax otherwise due pursuant to NRS
  1. 364A.140 during the first 4 quarters of its operation;
  1. (b) Sixty percent of the amount of tax otherwise due pursuant to NRS
  1. 364A.140 during the second 4 quarters of its operation;
  1. (c) Forty percent of the amount of tax otherwise due pursuant to NRS
  1. 364A.140 during the third 4 quarters of its operation; and
  1. (d) Twenty percent of the amount of tax otherwise due pursuant to NRS
  1. 364A.140 during the fourth 4 quarters of its operation.
  1. 2. [A proposed business is entitled to the exemption pursuant to
  1. subsection 1 if:
  1. (a) In a county whose population is 35,000 or more:
  1. (1) The business will have 75 or more full-time employees on the
  1. payroll of the business by the fourth quarter that it is in operation;
  1. (2) Establishing the business will require the business to make a
  1. capital investment of $1,000,000 in Nevada; and
  2. (3) The exemption is approved by the commission on economic
  1. development pursuant to subsection 3.
  1. (b) In a county whose population is less than 35,000:
  1. (1) The business will have 25 or more full-time employees on the
  1. payroll of the business by the fourth quarter that it is in operation;
  1. (2) Establishing the business will require the business to make a
  1. capital investment of $250,000 in Nevada; and
  1. (3) The exemption is approved by the commission on economic
  1. development pursuant to subsection 3.
  1. 3. A proposed business must apply to the commission on economic
  1. development to obtain the exemption authorized pursuant to this section.
  1. The commission shall certify a business’s eligibility for the exemption
  1. pursuant to this section if:
  1. (a) The proposed business commits to the requirements of
  1. subparagraphs (1) and (2) of paragraph (a) or (b) of subsection 2,
  1. whichever is applicable; and
  1. (b) The proposed business is consistent with the commission’s plan for
  1. economic diversification and development.
  1. Upon certification, the commission shall immediately forward the
  1. certificate of eligibility for the exemption to the Nevada tax commission.
  1. 4. Upon receipt of such a certificate, the Nevada tax commission shall
  1. include the exemption in the calculation of the tax paid by the business. A
  1. business for which an exemption is approved that does not:
  1. (a) Have the required number of full-time employees on the payroll of
  1. the business by the fourth quarter that it is in operation; or
  1. (b) Make the required capital investment in Nevada in the course of
  1. establishing the business,
  1. is required to repay to the department the amount of the exemption that was
  1. allowed pursuant to this section before the business’s failure to comply
  1. unless the Nevada tax commission determines that the business has
  1. substantially complied with the requirements of this section. The business is
  1. also required to pay interest on the amount due at the rate most recently
  1. established pursuant to NRS 99.040 for each month, or portion thereof,
  1. from the last day of the month following the period for which the payment
  1. would have been made had the exemption not been granted until the date of
  1. payment of the tax.
  1. 5. The commission on economic development shall adopt regulations
  1. governing the determination made pursuant to subsection 3 of a proposed
  1. business’s eligibility for the exemption provided in this section.
  1. 6. The Nevada tax commission:
  1. (a) Shall adopt regulations governing the investments that qualify for the
  1. purposes of the required capital investment pursuant to subparagraph (2) of
  1. paragraph (a) or (b) of subsection 2.
  1. (b) May adopt such other regulations as are necessary to carry out the
  1. provisions of this section.] If a partial abatement from the taxes otherwise
  1. due pursuant to NRS 364A.140 is approved by the commission on
  2. economic development pursuant to section 1 of this act, the partial
  1. abatement must be administered and carried out in the manner set forth
  1. in section 1 of this act.

Sec. 4. NRS 374.357 is hereby amended to read as follows:

  1. 374.357 1. A person who maintains a business or intends to locate a
  1. business in this state may , pursuant to section 1 of this act, apply to the
  1. commission on economic development for an abatement from the taxes
  1. imposed by this chapter on the gross receipts from the sale, and the storage,
  1. use or other consumption, of eligible machinery or equipment for use by a
  1. business which has been approved for an abatement pursuant to [subsection
  1. 2.
  1. 2. The commission on economic development may approve an
  1. application for an abatement if:
  1. (a) The goals of the business are consistent with the goals of the
  1. commission concerning industrial development and diversification;
  1. (b) The commission determines that the abatement is a significant factor
  1. in the decision of the applicant to locate or expand a business in this state;
  1. (c) The average hourly wage paid by the business to its employees in
  1. this state is at least equal to the average statewide industrial hourly wage as
  1. established by the employment security division of the department of
  1. employment, training and rehabilitation on July 1 of each fiscal year;
  1. (d) The business provides a health insurance plan for its employees that
  1. includes an option for health insurance coverage for dependents of
  1. employees;
  1. (e) The business is registered pursuant to the laws of this state or the
  1. applicant commits to obtain a valid business license and all other permits
  1. required by the county, city or town in which the business operates;
  1. (f) The business will provide at least 10 full-time, permanent jobs in
  1. Nevada by the fourth quarter that it is in operation; and
  1. (g) The applicant commits to maintaining his business in this state for at
  1. least 5 years.
  1. 3. An applicant shall, upon the request of the executive director of the
  1. commission on economic development, furnish to the director copies of all
  1. records necessary for the director to verify that the applicant meets the
  1. requirement of paragraph (c) of subsection 2.
  1. 4. The commission on economic development may approve an
  1. application for an abatement which does not meet the requirements of
  1. subsection 2 if the commission determines that such an approval is
  1. warranted.
  1. 5.] section 1 of this act.
  1. 2. If an application for an abatement is approved [, the] pursuant to
  1. section 1 of this act:
  1. (a) The taxpayer is eligible for an abatement from the tax imposed by
  1. this chapter for not more than 2 years.
  2. [6. If an application for an abatement is approved, the commission on
  1. economic development shall immediately forward a certificate of eligibility
  1. for the abatement to the Nevada tax commission.
  1. 7. If a business for which an abatement has been approved is not
  1. maintained in this state for at least 5 years after the commission on
  1. economic development approved the abatement, the person who applied for
  1. the abatement shall repay to the department the amount of the abatement
  1. that was allowed pursuant to this section before the failure of the business
  1. to comply unless the Nevada tax commission determines that the business
  1. has substantially complied with the requirements of this section. The person
  1. who applied for the abatement shall pay interest on the amount due at the
  1. rate most recently established pursuant to NRS 99.040 for each month, or
  1. portion thereof, from the last day of the month following the period for
  1. which the payment would have been made had the abatement not been
  1. granted until the date of the actual payment of the tax.
  1. 8. The commission on economic development shall adopt regulations
  1. which it considers necessary to carry out the provisions of this section.
  1. 9.] (b) The abatement must be administered and carried out in the
  1. manner set forth in section 1 of this act.
  1. 3. As used in this section, unless the context otherwise requires,
  1. "eligible machinery or equipment" means machinery or equipment for
  1. which a deduction is authorized pursuant to 26 U.S.C. § 179. The term
  1. does not include:
  1. (a) Buildings or the structural components of buildings;
  1. (b) Equipment used by a public utility;
  1. (c) Equipment used for medical treatment;
  1. (d) Machinery or equipment used in mining; or
  1. (e) Machinery or equipment used in gaming.

Sec. 5. Chapter 231 of NRS is hereby amended by adding thereto a

new section to read as follows:

The commission on economic development shall, on or before
January 15 of each odd-numbered year, prepare and submit to the

director of the legislative counsel bureau for transmission to the

legislature a report concerning the abatements from taxation that the

commission approved pursuant to section 1 of this act. The report must

set forth, for each abatement from taxation that the commission

approved in the 2-year period immediately preceding the submission of

the report:

1. The dollar amount of the abatement;

2. The location of the business for which the abatement was

approved;

3. The number of employees that the business for which the

abatement was approved employs or will employ;

4. Whether the business for which the abatement was approved is a

new business or an existing business; and

5. Any other information that the committee determines to be useful

.

Sec. 6. NRS 231.020 is hereby amended to read as follows:

  1. 231.020 As used in NRS [231.030 to 231.130,] 231.020 to 231.139,
  1. inclusive, and section 5 of this act, unless the context otherwise requires,
  1. "motion pictures" includes feature films, movies made for broadcast on
  1. television and programs made for broadcast on television in episodes.

Sec. 7. The amendatory provisions of this act apply only to an

abatement from taxation for which a person applies on or after the effective

date of this act.

Sec. 8. This act becomes effective upon passage and approval.

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