Senate Bill No. 90–Senator Neal
February 3, 1999
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Referred to Committee on Taxation
SUMMARY—Repeals exemption from property tax and certain sales and use taxes for works
of fine art for public display. (BDR 32-77)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 361.068 is hereby amended to read as follows:1-2
361.068 1. The following personal property is exempt from taxation:1-3
(a) Personal property held for sale by a merchant;1-4
(b) Personal property held for sale by a manufacturer;1-5
(c) Raw materials and components held by a manufacturer for1-6
manufacture into products, and supplies to be consumed in the process of1-7
manufacture;1-8
(d) Tangible personal property purchased by a business which will be1-9
consumed during the operation of the business;1-10
(e) Livestock;1-11
(f) Colonies of bees;1-12
(g) Pipe and other agricultural equipment used to convey water for the1-13
irrigation of legal crops;1-14
(h) All boats;1-15
(i) Slide-in campers and camper shells; and1-16
(j)1-17
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state.2-1
2. The Nevada tax commission may exempt from taxation that personalproperty for which the annual taxes would be less than the cost of
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collecting those taxes. If such an exemption is provided, the Nevada taxcommission shall annually determine the average cost of collecting
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property taxes in this state which must be used in determining the2-4
applicability of the exemption.3.
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with the county assessor an affidavit declaring that the fine art:
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(b) Will be on public display in a public or private art gallery, museum
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at least 35 weeks of the year for which the exemption is claimed; and
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subsection 1, a taxpayer must donate the property through a foundation or
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organization, not for profit, that accepts such property for use in schools inthis state. The foundation or organization shall issue a voucher identifying
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each item of property donated. To obtain the benefit of the exemption, the2-13
taxpayer must apply to the county assessor and tender the voucher. Thecounty assessor shall compute the assessed value of the property for the
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year in which the donation was made using the original cost and the year ofacquisition. The county assessor shall allow a credit of that amount against
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the personal property assessment for the year following the donation.2-16
(a) "Boat"] , "boat" includes any vessel or other watercraft, other than a
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seaplane, used or capable of being used as a means of transportation on thewater.
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enamel, pastel or other medium, an original mosaic, drawing or sketch, an
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similar material, an original work of mixed media or a lithograph;
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(3) Is on public display in a public or private art gallery, museum or
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least 35 weeks of each year for which the exemption is claimed; and
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Sec. 2. NRS 361.068 is hereby amended to read as follows:361.068 1. The following personal property is exempt from taxation:
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(a) Personal property held for sale by a merchant;2-27
(b) Personal property held for sale by a manufacturer;2-28
(c) Raw materials and components held by a manufacturer formanufacture into products, and supplies to be consumed in the process of
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manufacture;(d) Tangible personal property purchased by a business which will be
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consumed during the operation of the business;2-31
(e) Livestock;(f) Colonies of bees;
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(g) Pipe and other agricultural equipment used to convey water for theirrigation of legal crops;
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(h) All boats; and2-34
(i) Slide-in campers and camper shells .(j) Fine art for public display.]
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2. The Nevada tax commission may exempt from taxation that personalproperty for which the annual taxes would be less than the cost of
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collecting those taxes. If such an exemption is provided, the Nevada tax2-37
commission shall annually determine the average cost of collectingproperty taxes in this state which must be used in determining the
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applicability of the exemption.3.
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(a) Was purchased in an arm’s length transaction for $25,000 or more,
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(b) Will be on public display in a public or private art gallery, museum
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(c) Will be available for educational purposes.
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(a) "Boat"] , "boat" includes any vessel or other watercraft, other than a
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seaplane, used or capable of being used as a means of transportation on the2-46
water.
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enamel, pastel or other medium, an original mosaic, drawing or sketch, an
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(2) Was purchased in an arm’s length transaction for $25,000 or
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(3) Is on public display in a public or private art gallery, museum or
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Sec. 3. NRS 374.291 is hereby repealed.
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Sec. 4. 1. This section and sections 1 and 3 of this act become3-2
effective on July 1, 1999.2. Section 2 of this act becomes effective on July 1, 2003.
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3. Section 1 expires by limitation on July 1, 2003.
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TEXT OF REPEALED SECTION374.291 Works of fine art for public display.
1. There are exempted from the taxes imposed by this chapter the gross
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receipts from the sales of, and the storage, use or other consumption in acounty of, works of fine art for public display.
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2. As used in this section, "fine art for public display" means a work of3-8
art which:(a) Is an original painting in oil, mineral, water colors, vitreous enamel,
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pastel or other medium, an original mosaic, drawing or sketch, an originalsculpture of clay, textiles, fiber, wood, metal, plastic, glass or a similar
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material, an original work of mixed media or a lithograph;3-11
(b) Is purchased in an arm’s length transaction for $25,000 or more, orhas an appraised value of $25,000 or more;
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(c) Will be on public display in a public or private art gallery, museumor other building or area in this state for at least 20 hours per week during
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at least 35 weeks of the first full calendar year after the date on which it is3-14
purchased; and(d) Will be available for educational purposes.
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