REQUIRES TWO-THIRDS MAJORITY VOTE (§ 28)

                            (REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 238–Committee on Taxation

 

February 23, 2001

____________

 

Referred to Committee on Taxation

 

SUMMARY—Makes various changes relating to tax on transfer of real property. (BDR 32‑138)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: No.

 

CONTAINS UNFUNDED MANDATE §§ (4, 5)

(Not Requested by Affected Local Government)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to taxation; providing certain rights for taxpayers of the tax on the transfer of real property; establishing provisions relating to the collection and enforcement of the tax on the transfer of real property; eliminating certain exemptions from the tax on the transfer of real property; 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 375 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 24, inclusive, of this act.

1-3    Sec. 2.  Section 3 of this act may be cited as the Taxpayers’ Bill of

1-4  Rights for Taxes on the Transfer of Real Property.

1-5    Sec. 3.  1.  The legislature hereby declares that each taxpayer has

1-6  the right:

1-7    (a) To be treated by officers and employees of the county recorder

1-8  with courtesy, fairness, uniformity, consistency and common sense.

1-9    (b) To a prompt response from the county recorder to each

1-10  communication from the taxpayer.

1-11    (c) To provide the minimum documentation and other information as

1-12  may reasonably be required by the county recorder to carry out his

1-13  duties.

1-14    (d) To be notified, in writing, by the county recorder whenever an

1-15  officer or employee of the county recorder determines that the taxpayer is

1-16  entitled to an exemption or has been taxed more than is required

1-17  pursuant to this chapter.

2-1    (e) To written instructions indicating how the taxpayer may petition

2-2  for a refund for overpayment of real property transfer tax, interest or

2-3  penalties.

2-4    (f) To recover an overpayment of real property transfer tax promptly

2-5  upon the final determination of such an overpayment.

2-6    (g) To obtain specific advice from the county recorder concerning real

2-7  property transfer tax.

2-8    (h) In any meeting with the county recorder, including an audit,

2-9  conference, interview or hearing:

2-10      (1) To an explanation by an officer, agent or employee of the

2-11  county recorder that describes the procedures to be followed and the

2-12  rights of the taxpayer thereunder;

2-13      (2) To be represented by himself or anyone who is otherwise

2-14  authorized by law to represent him before the county recorder;

2-15      (3) To make an audio recording using the taxpayer’s equipment

2-16  and at the taxpayer’s expense; and

2-17      (4) To receive a copy of any document or audio recording made by

2-18  or in the possession of the county recorder relating to the determination

2-19  or collection of any tax for which the taxpayer is assessed pursuant to

2-20  this chapter, upon payment of the actual cost to the county recorder of

2-21  making the copy.

2-22    (i) To a full explanation of the authority of the county recorder to

2-23  collect the real property transfer tax or to collect delinquent real property

2-24  transfer tax, including, without limitation, the procedures and notices for

2-25  review and appeal that are required for the protection of the taxpayer. An

2-26  explanation which meets the requirements of this section must also be

2-27  included with each notice to a taxpayer that an audit will be conducted by

2-28  the county.

2-29    (j) To the immediate release of any lien which the county recorder has

2-30  placed on real property for the nonpayment of the real property transfer

2-31  tax when:

2-32      (1) The tax is paid;

2-33      (2) The period of limitation for collecting the tax expires;

2-34      (3) The lien is the result of an error by the county recorder;

2-35      (4) The county recorder determines that the taxes, interest and

2-36  penalties are secured sufficiently by a lien on other real property;

2-37      (5) The release or subordination of the lien will not jeopardize the

2-38  collection of the taxes, interest and penalties; or

2-39      (6) The release of the lien will facilitate the collection of the taxes,

2-40  interest and penalties.

2-41    (k) To be free from harassment and intimidation by an officer or

2-42  employee of the county recorder for any reason.

2-43    2.  The provisions of this chapter governing the administration and

2-44  collection of taxes by the county recorder must not be construed in such

2-45  a manner as to interfere or conflict with the provisions of this section or

2-46  any applicable regulations.

2-47    3.  The provisions of this section apply to the administration and

2-48  collection of taxes pursuant to this chapter.

 

3-1    Sec. 4.  The county recorder shall cause:

3-2    1.  To be prepared in simple nontechnical terms a pamphlet setting

3-3  forth the Taxpayers’ Bill of Rights for Taxes on the Transfer of Real

3-4  Property.

3-5    2.  A copy of the pamphlet to be distributed:

3-6    (a) To each taxpayer upon request; and

3-7    (b) With each notice to a taxpayer that an audit will be conducted by

3-8  the county recorder.

3-9    Sec. 5.  The county recorder shall provide each taxpayer who it

3-10  determines may be liable for taxes pursuant to this chapter with

3-11  simplified written instructions concerning the rights and responsibilities

3-12  of the taxpayer, including the:

3-13    1.  Keeping of records sufficient for audit purposes;

3-14    2.  Procedures for paying the real property transfer tax; and

3-15    3.  Procedures for challenging any liability for real property transfer

3-16  tax, penalties or interest and for requesting refunds of erroneously paid

3-17  real property transfer tax, including the steps for appealing a denial

3-18  thereof.

3-19    Sec. 6.  The county recorder shall provide a taxpayer with a response

3-20  to any written request submitted by the taxpayer that relates to a real

3-21  property transfer tax within 30 days after it receives the request.

3-22    Sec. 7.  A taxpayer is entitled to receive on any overpayment of the

3-23  real property transfer tax a refund together with interest at a rate

3-24  determined pursuant to NRS 17.130. No interest is allowed on a refund

3-25  of any penalties or interest on the real property transfer tax that is paid

3-26  by a taxpayer.

3-27    Sec. 8.  With regard to the administration of the real property

3-28  transfer tax, the county recorder shall apply the following principles:

3-29    1.  Forms, instructions and regulations governing the computation of

3-30  the amount of tax due must be brief and easily understood.

3-31    2.  In cases where another authority, such as the United States or this

3-32  state, also imposes a tax upon the same property or revenue, the

3-33  mechanism for collecting the tax imposed by the county must be as

3-34  nearly compatible with the collection of the other taxes as is feasible.

3-35    3.  Unless a change is made necessary by statute or to preserve

3-36  compatibility with a tax imposed by another authority, the forms,

3-37  instructions and regulations must remain the same from year to year, to

3-38  make the taxpayer’s liability as predictable as is feasible.

3-39    4.  Exemptions or waivers, where permitted by statute, must be

3-40  granted:

3-41    (a) Equitably among eligible taxpayers; and

3-42    (b) As sparingly as is consistent with the legislative intent, to retain

3-43  the broadest feasible base for the tax.

3-44    Sec. 9.  If an officer or employee of the county recorder determines

3-45  that a taxpayer is entitled to an exemption or has been taxed more than is

3-46  required by law, he shall give written notice of that determination to the

3-47  taxpayer. The notice must:

4-1    1.  Be given within 30 days after the officer or employee makes his

4-2  determination or, if the determination is made as a result of an audit,

4-3  within 30 days after the completion of the audit; and

4-4    2.  If appropriate, include instructions indicating the manner in

4-5  which the taxpayer may petition for a refund of any overpayment.

4-6    Sec. 10. The county recorder shall:

4-7    1.  Conduct and apply audits and other procedures for enforcement

4-8  as uniformly as is feasible.

4-9    2.  Collect real property transfer tax due in an equitable manner, so

4-10  that every taxpayer pays the full amount imposed by law.

4-11    Sec. 11.  1.  The county recorder may audit all records relating to

4-12  the collection and calculation of the real property transfer tax. If the

4-13  county recorder deems it necessary to conduct an audit, the audit must be

4-14  completed within 3 years after the date of the original recording of the

4-15  document that evidences the transfer of property for which the tax was

4-16  imposed.

4-17    2.  The county recorder may issue subpoenas to require the

4-18  production of documents necessary for him to determine the amount of

4-19  real property transfer tax due pursuant to this chapter or to determine

4-20  whether a person qualifies for an exemption from taxes pursuant to this

4-21  chapter. The county recorder may have the subpoenas served, and upon

4-22  application of the district attorney, to any court of competent jurisdiction,

4-23  enforced in the manner provided by law for the service and enforcement

4-24  of subpoenas in a civil action.

4-25    Sec. 12.  1.  If an audit is conducted by the county recorder

4-26  pursuant to the provisions of this chapter, the date on which the audit

4-27  will be completed must be included in the notice to the taxpayer that the

4-28  audit will be conducted.

4-29    2.  The date on which the audit will be completed may be extended by

4-30  the county recorder if the county recorder gives prior written notice of

4-31  the extension to the taxpayer. The notice must include an explanation of

4-32  the reason or reasons that the extension is required.

4-33    3.  If, after the audit, the county recorder determines that delinquent

4-34  taxes are due, interest and penalties may not be imposed for the period of

4-35  the extension if the taxpayer did not request the extension or was not

4-36  otherwise the cause of the extension.

4-37    Sec. 13.  1.  The county recorder may waive any real property

4-38  transfer tax, penalty and interest owed by the taxpayer if the taxpayer

4-39  meets the criteria adopted by regulation. If a waiver is granted pursuant

4-40  to this subsection, the county shall prepare and maintain on file a

4-41  statement that contains:

4-42    (a) The reason for the waiver;

4-43    (b) The amount of the tax, penalty and interest owed by the taxpayer;

4-44  and

4-45    (c) The amount of the tax, penalty and interest waived by the county.

4-46    2.  If the county recorder or a designated hearing officer finds that

4-47  the failure of a person to make a timely payment of the real property

4-48  transfer tax imposed is the result of circumstances beyond his control

4-49  and occurred despite the exercise of ordinary care and without intent to

5-1  avoid such payment, the county recorder may relieve him of all or part of

5-2  any interest or penalty or both.

5-3    3.  If a person proves to the satisfaction of the county recorder that he

5-4  has in good faith remitted the real property transfer tax in reliance upon

5-5  written advice provided by an officer or employee of the county recorder,

5-6  an opinion of the district attorney or attorney general, or the written

5-7  results of an audit of his records conducted by the county recorder, the

5-8  county recorder may not require the taxpayer to pay delinquent taxes,

5-9  penalties or interest if the county recorder determines after the

5-10  completion of a subsequent audit that the taxes the taxpayer remitted

5-11  were deficient.

5-12    Sec. 14. Any amount determined to be refundable by the county

5-13  recorder after an audit must be refunded to the taxpayer. If it is not

5-14  possible to determine who paid the tax, the refund must be split equally

5-15  between the seller and buyer.

5-16    Sec. 15.  1.  After reviewing a petition for a refund, the county

5-17  recorder or his designee shall approve or disapprove the refund. If the

5-18  county recorder approves the refund, he shall grant the refund to the

5-19  taxpayer.

5-20    2.  If the county recorder denies a refund, the petitioner may file a

5-21  written notice of appeal to the county recorder within 45 days after the

5-22  date the county recorder decides to deny the petition. If notice is not

5-23  received by the county recorder within 45 days after his decision to deny

5-24  the petition, the decision of the county recorder is final.

5-25    3.  If the county recorder receives a timely notice of appeal pursuant

5-26  to subsection 2, he shall set a date for a hearing before a hearing officer

5-27  and notify the parties of the date, place and time of the hearing.

5-28    Sec. 16.  1.  Any person who is aggrieved by a decision of the county

5-29  recorder made pursuant to this chapter may appeal the decision by filing

5-30  a notice of appeal with the county recorder within 30 days after service of

5-31  the decision upon that person.

5-32    2.  A hearing officer, appointed by the county, may review any

5-33  decision made by the county recorder and may reverse, affirm or modify

5-34  any decision of the county recorder. A hearing officer appointed

5-35  pursuant to this section must not be an employee of the county recorder’s

5-36  office. A decision of a hearing officer is a final decision for purposes of

5-37  judicial review.

5-38    3.  Service of a decision made by the county recorder or a hearing

5-39  officer pursuant to this chapter must be made personally or by certified

5-40  mail. If service is made by certified mail:

5-41    (a) The decision must be enclosed in an envelope that is addressed to

5-42  the taxpayer at his address as it appears on the declaration of value or in

5-43  the records of the county.

5-44    (b) It is deemed to be complete at the time the appropriately addressed

5-45  envelope containing the decision is deposited with the United States

5-46  Postal Service.

5-47    4.  All decisions of the county recorder made pursuant to this chapter

5-48  are final unless appealed.

6-1    5.  A county recorder or local government that is a party and is

6-2  aggrieved by the decision of the hearing officer may seek judicial review

6-3  of the decision in the district court of that county.

6-4    Sec. 17. In an action relating to a tax imposed pursuant to this

6-5  chapter, process must be served:

6-6    1.  In accordance with the requirements for service of process set

6-7  forth in the Nevada Rules of Civil Procedure; or

6-8    2.  By serving both the buyer and the seller at their place of residence

6-9  in this state or their last known address.

6-10    Sec. 18. A certificate by the county recorder stating that real

6-11  property has been released from a lien imposed pursuant to this chapter

6-12  is conclusive evidence that the property has been released.

6-13    Sec. 19.  1.  The amounts, including interest and penalties, required

6-14  to be paid by any person pursuant to this chapter must be satisfied first

6-15  if:

6-16    (a) The person is insolvent;

6-17    (b) The person makes a voluntary assignment of his assets;

6-18    (c) The estate of the person in the hands of executors, administrators

6-19  or heirs, before distribution, is insufficient to pay all the debts due from

6-20  the deceased; or

6-21    (d) The estate and effects of an absconding, concealed or absent

6-22  person required to pay any amount by force of such a revenue act are

6-23  levied upon by process of law.

6-24    2.  This section does not give the county recorder a preference over:

6-25    (a) Any recorded lien that attached before the date when the amounts

6-26  required to be paid became a lien; or

6-27    (b) Any costs of administration, funeral expenses, expenses of

6-28  personal illness, family allowances or debts preferred pursuant to federal

6-29  law or wages as provided in NRS 150.220.

6-30    Sec. 20.  1.  The county or its authorized representative may issue a

6-31  warrant for the enforcement of a lien and for the collection of any

6-32  delinquent tax that is administered pursuant to this chapter:

6-33    (a) Within 3 years after the person is delinquent in the payment of the

6-34  tax; or

6-35    (b) Within 5 years after the last recording of a certificate copy

6-36  constituting a lien for the tax.

6-37    2.  The warrant must be directed to a sheriff or constable and has the

6-38  same effect as a writ of execution.

6-39    3.  The warrant must be levied and sale made pursuant to the warrant

6-40  in the same manner and with the same effect as a levy of and a sale

6-41  pursuant to a writ of execution.

6-42    Sec. 21.  The county may pay or advance to the sheriff or constable

6-43  the same fees, commissions and expenses for acting upon the warrant as

6-44  are provided by law for acting upon a writ of execution. The county must

6-45  approve the fees for publication in a newspaper. Approval from a court is

6-46  not required for the publication.

6-47    Sec. 22.  1.  If a person is delinquent in the payment of the real

6-48  property transfer tax or has not paid the amount of a deficiency

6-49  determination, the county may bring an action in a court of this state, a

7-1  court of any other state or a court of the United States that has competent

7-2  jurisdiction to collect the delinquent or deficient amount, penalties and

7-3  interest. The action:

7-4    (a) May not be brought if the decision that the payment is delinquent

7-5  or that there is a deficiency determination is on appeal to a hearing

7-6  officer pursuant to section 16 of this act.

7-7    (b) Must be brought not later than 3 years after the payment became

7-8  delinquent or the determination became final.

7-9    2.  The district attorney shall prosecute the action. The provisions of

7-10  the Nevada Revised Statutes, Nevada Rules of Civil Procedure and

7-11  Nevada Rules of Appellate Procedure relating to service of summons,

7-12  pleadings, proofs, trails and appeals are applicable to the proceedings. In

7-13  the action, a writ of attachment may issue. A bond or affidavit is not

7-14  required before an attachment may be issued.

7-15    3.  In an action, a certificate by the county recorder showing the

7-16  delinquency is prima facie evidence of:

7-17    (a) The determination of the tax or the amount of the tax;

7-18    (b) The delinquency of the amounts; and

7-19    (c) The compliance by the county recorder with all the procedures

7-20  required by law relating to the computation and determination of the

7-21  amounts.

7-22    Sec. 23.  The lien may, within 5 years after the date of the judgment

7-23  or within 5 years after the last extension of the lien in a manner provided

7-24  in this chapter, be extended by recording in the office of the county

7-25  recorder a certified copy of the judgment, and from the time of that

7-26  recording, the lien must be extended upon the property in that county for

7-27  5 years unless sooner released or otherwise discharged.

7-28    Sec. 24. 1.  If any real property transfer tax imposed pursuant to

7-29  this chapter is not paid when due, the county may, within 3 years after

7-30  the date that the tax was due, record a certificate in the office of the

7-31  county recorder which states:

7-32    (a) The amount of the real property transfer tax and any interest or

7-33  penalties due;

7-34    (b) The name and address of the person who is liable for the amount

7-35  due as they appear on the records of the county; and

7-36    (c) That the county recorder has complied with all procedures

7-37  required by law for determining the amount due.

7-38    2.  From the time of the recording of the certificate, the amount due,

7-39  including interest and penalties, constitutes:

7-40    (a) A lien upon the real property for which the tax was due if the

7-41  person who owes the tax still owns the property; or

7-42    (b) A demand for payment if the property has been sold or otherwise

7-43  transferred to another person.

7-44    3.  The lien has the effect and priority of a judgment lien and

7-45  continues for 5 years after the time of the recording of the certificate

7-46  unless sooner released or otherwise discharged.

7-47    4.  Within 5 years after the date of the judgment or within 5 years

7-48  after the date of the last extension of the lien pursuant to this subsection,

7-49  the lien may be extended by recording a certified copy of the judgment in

8-1  the office of the county recorder. From the time of recording the

8-2  judgment, the lien is extended for 5 years, unless sooner released or

8-3  otherwise discharged.

8-4    Sec. 25.  NRS 375.010 is hereby amended to read as follows:

8-5    375.010  The following terms, wherever used or referred to in this

8-6  chapter, have the following meaning unless a different meaning clearly

8-7  appears in the context:

8-8    1.  “Buyer” means a person or other legal entity acquiring title to any

8-9  estate or present interest in real property in this state by deed, including,

8-10  without limitation, a grantee or other transferee of real property.

8-11    2.  “Deed” means every instrument in writing, except a last will and

8-12  testament, whatever its form, and by whatever name it is known in law, by

8-13  which title to any estate or present interest in real property, including a

8-14  water right, permit, certificate or application, is conveyed or transferred to,

8-15  and vested in, another person, but does not include a lease for any term of

8-16  years , [or] an easement[.] , a deed of trust or common law mortgage

8-17  instrument that encumbers real property, an affidavit of surviving tenant

8-18  or a conveyance of a right of way.

8-19    3.  “Escrow” means the delivery of a deed by the seller into the hands

8-20  of a third person, including an attorney, title company, real estate broker or

8-21  other person engaged in the business of administering escrows for

8-22  compensation, to be held by the third person until the happening of a

8-23  contingency or performance of a condition, and then to be delivered by the

8-24  third person to the buyer.

8-25    4.  “Seller” means a person or other legal entity transferring title to any

8-26  estate or present interest in real property in this state by deed, including,

8-27  without limitation, a grantor or other transferor of real property.

8-28    5.  “Value” means:

8-29    (a) In the case of any deed not a gift, the amount of the full[, actual

8-30  consideration] purchase price paid or to be paid for the real property . [,

8-31  excluding the amount of any lien or liens assumed.]

8-32    (b) In the case of a gift, or any deed with nominal consideration or

8-33  without stated consideration, the estimated [price the real property would

8-34  bring in an open market and under the then prevailing market conditions in

8-35  a sale between a willing seller and a willing buyer, both conversant with

8-36  the property and with prevailing general price levels.] fair market value of

8-37  the property.

8-38  As used in this section, “estimated fair market value” means the

8-39  estimated price the real property would bring on the open market in a

8-40  sale between a willing buyer and a willing seller. Such price may be

8-41  derived from the assessor’s taxable value or the prior purchase price, if

8-42  the prior purchase was within the 5 years immediately preceding the date

8-43  of valuation, whichever is higher.

8-44    Sec. 26. NRS 375.020 is hereby amended to read as follows:

8-45    375.020  1.  A tax, at the rate of:

8-46    (a) In a county whose population is 400,000 or more, $1.25; and

8-47    (b) In a county whose population is less than 400,000, 65 cents,

8-48  for each $500 of value or fraction thereof, is hereby imposed on each deed

8-49  by which any lands, tenements or other realty is granted, assigned,

9-1  transferred or otherwise conveyed to, or vested in, another person, if the

9-2  consideration or value of the interest or property conveyed [, exclusive of

9-3  the value of any lien or encumbrance remaining on the interest or property

9-4  at the time of sale,] exceeds $100.

9-5    2.  The amount of tax must be computed on the basis of the value of the

9-6  transferred real property as declared pursuant to NRS 375.060.

9-7    Sec. 27.  NRS 375.030 is hereby amended to read as follows:

9-8    375.030  1.  If any deed evidencing a transfer of title subject to the tax

9-9  imposed by NRS 375.020 and, if applicable, NRS 375.025, is offered for

9-10  recordation, the county recorder shall compute the amount of the tax due

9-11  and shall collect that amount before acceptance of the deed for recordation.

9-12    2.  The buyer and seller are jointly and severally liable for the payment

9-13  of the taxes imposed by NRS 375.020 and 375.025 and any penalties and

9-14  interest imposed pursuant to subsection 3. The escrow holder is not liable

9-15  for the payment of the taxes imposed by NRS 375.020 and 375.025 or any

9-16  penalties or interest imposed pursuant to subsection 3.

9-17    3.  If after recordation of the deed, the county recorder disallows an

9-18  exemption that was claimed at the time the deed was recorded or through

9-19  audit or otherwise determines that an additional amount of tax is due, the

9-20  county recorder shall promptly notify the person who requested the

9-21  recording of the deed and the buyer [or seller, or both,] and seller of the

9-22  additional amount of tax due. [In addition to the additional amount

9-23  determined to be due,] If the additional amount of tax is not paid within

9-24  30 days after the date the buyer and seller are notified, the county

9-25  recorder shall impose a penalty of 10 percent of the additional amount due

9-26  in addition to interest at the rate of 1 [1/2] percent per month, or portion

9-27  thereof, of the additional amount due calculated from the date of the

9-28  original recordation of the deed on which the additional amount is due

9-29  through the date on which the additional amount due, penalty and interest

9-30  are paid to the county recorder.

9-31    4.  This section does not prohibit a buyer and seller from agreeing by

9-32  contract or otherwise that one party or the other will be responsible for the

9-33  payment of the tax due pursuant to this chapter, but such an agreement

9-34  does not affect the ability of the county recorder to collect the tax and any

9-35  penalties and interest from either the buyer or the seller.

9-36    Sec. 28.  NRS 375.090 is hereby amended to read as follows:

9-37    375.090  The tax imposed by NRS 375.020 and 375.025 does not apply

9-38  to:

9-39    1.  [Any transaction wherein an interest in real property is encumbered

9-40  for the purposes of securing a debt.] A mere change in identity, form or

9-41  place of organization, such as a transfer between a corporation and its

9-42  parent corporation, a subsidiary or an affiliated corporation if the

9-43  affiliated corporation has identical common ownership.

9-44    2.  A transfer of title to [or from] the United States, any territory or

9-45  state or any agency, department, instrumentality or political subdivision

9-46  thereof.

9-47    3.  A transfer of title recognizing the true status of ownership of the real

9-48  property.

10-1    4.  A transfer of title without consideration from one joint tenant or

10-2  tenant in common to one or more remaining joint tenants or tenants in

10-3  common.

10-4    5.  A transfer of title to community property without consideration

10-5  when held in the name of one spouse to both spouses as joint tenants or

10-6  tenants in common, or as community property.

10-7    6.  A transfer of title between spouses, including gifts.

10-8    7.  A transfer of title between spouses to effect a property settlement

10-9  agreement or between former spouses in compliance with a decree of

10-10  divorce.

10-11  8.  A transfer of title to or from a trust, if the transfer is made without

10-12  consideration [.] , and is made to or from:

10-13  (a) The trustor of the trust;

10-14  (b) The trustor’s legal representative; or

10-15  (c) A person related to the trustor in the first degree of

10-16  consanguinity.

10-17  As used in this subsection, “legal representative” has the meaning

10-18  ascribed to it in NRS 167.020.

10-19  9.  Transfers, assignments or conveyances of unpatented mines or

10-20  mining claims.

10-21  10.  A transfer, assignment or other conveyance of real property to a

10-22  corporation or other business organization if the person conveying the

10-23  property owns 100 percent of the corporation or organization to which the

10-24  conveyance is made.

10-25  11.  A transfer, assignment or conveyance of real property if the owner

10-26  of the property is related to the person to whom it is conveyed within the

10-27  first degree of consanguinity.

10-28  12.  The making, delivery or filing of conveyances of real property to

10-29  make effective any plan of reorganization or adjustment:

10-30  (a) Confirmed under the Bankruptcy Act, as amended, [Title 11 of

10-31  U.S.C.;] 11 U.S.C. §§ 101 et seq.;

10-32  (b) Approved in an equity receivership proceeding involving a railroad ,

10-33  as defined in the Bankruptcy Act; or

10-34  (c) Approved in an equity receivership proceeding involving a

10-35  corporation, as defined in the Bankruptcy Act , [; or

10-36  (d) Whereby a mere change in identity, form or place of organization is

10-37  effected, such as a transfer between a corporation and its parent

10-38  corporation, a subsidiary of an affiliated corporation,]

10-39  if the making, delivery or filing of instruments of transfer or conveyance

10-40  occurs within 5 years after the date of the confirmation, approval or

10-41  change.

10-42  13.  The making or delivery of conveyances of real property to make

10-43  effective any order of the Securities and Exchange Commission if:

10-44  (a) The order of the Securities and Exchange Commission in obedience

10-45  to which the transfer or conveyance is made recites that the transfer or

10-46  conveyance is necessary or appropriate to effectuate the provisions of

10-47  section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C.

10-48  § 79k;

11-1    (b) The order specifies and itemizes the property which is ordered to be

11-2  transferred or conveyed; and

11-3    (c) The transfer or conveyance is made in obedience to the order.

11-4    14.  A transfer to [or from] an educational foundation. As used in this

11-5  subsection, “educational foundation” has the meaning ascribed to it in

11-6  subsection 3 of NRS 388.750.

11-7    15.  A transfer to [or from] a university foundation. As used in this

11-8  subsection, “university foundation” has the meaning ascribed to it in

11-9  subsection 3 of NRS 396.405.

11-10  16.  A transfer, assignment or other conveyance of real property to a

11-11  corporation sole from another corporation sole. As used in this subsection,

11-12  “corporation sole” means a corporation which is organized pursuant to the

11-13  provisions of chapter 84 of NRS.

11-14  Sec. 29.  NRS 375.100 is hereby amended to read as follows:

11-15  375.100  The county recorder shall refuse to record any deed or

11-16  conveyance upon which a tax is imposed by this chapter if the tax has not

11-17  been paid[.] and is not subject to liability for refusing to record a deed or

11-18  conveyance for which a tax imposed pursuant to this chapter has not

11-19  been paid.

11-20  Sec. 30.  The provisions of subsection 1 of NRS 354.599 do not apply

11-21  to any additional expenses of a local government that are related to the

11-22  provisions of this act.

11-23  Sec. 31.  1.  This section and sections 1 to 12, inclusive, and 24 to 30,

11-24  inclusive, of this act become effective on October 1, 2001.

11-25  2.  Sections 13 to 23, inclusive, of this act become effective on

11-26  January 1, 2002.

 

11-27  H