AB 449 — Authorizes a credit or refund of property taxes under certain circumstances when an applicable partial abatement of taxes was not applied or claimed. (BDR 32-767)

(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.

ENATORS B UCK ;AND HANSEN ____________ Referred to Committee on Revenue SUMMARY—EnactsSUMMARY—Authorizes provisionsa tocredit provideor arefund of property taxtaxes credit under certain circumstances.circumstances when an applicable partial abatement of taxes was not applied or claimed.

authorizingrevising aprovisions taxpayergoverning tothe obtaincorrection aof creditthe againsttax propertyroll taxesand owedissuance byof thecredits taxpayeror underrefunds certainof circumstancesproperty taxes when an applicable partial abatement of taxes was not applied or claimed;

Existing law provides a partial abatement of the property taxes levied on remainder parcel of real property, certain single-family residences that are the primary residence of the owner and certain residential rental dwellings.

(NRS 361.4722, 361.4723, 361.4724) Under existing law, if the county assessor of a county notifies the county treasurer that a taxpayer is aggrievedentitled, byfor athe determinationcurrent offiscal year, to the applicabilitypartial ofabatement suchfor a partialsingle-family abatement,residence that is the taxpayerabatement iswithin authorizedthe torequired submitperiod afor petitiongood tocause, the county assessortreasurer isartial authorized, with the concurrence of the county inassessor whichand without the propertyapproval isof locatedthe forboard theof Junecounty 30commissioners, ofto theprovide fiscala yearcredit foror whichrefund to the partialtaxpayer, abatementas isthe applied.county treasurer deems appropriate.

(NRSefore(NRS 361.4734)361.4734, This361.733; bill authorizes a taxpayer who, for the immediately preceding fiscal year, paid a greater amount of property taxes than would have otherwise been due because an applicable partial abatement was not applied or claimed, to petition the county assessor for a credit against property taxes due for the next fiscal year.

UnderNAC this361.6055) bill,This anybill: such credit may be carried forward to subsequent fiscal years.

-(1) *AB449*expands –this 2provision –by THEauthorizing PEOPLEthe OFcounty THEtreasurer STATEto OFmake NEVADA,such REPRESENTEDa INcorrection SENATEto ANDthe ASSEMBLY,tax DOroll ENACTand ASissue FOLLOWS:such a credit or refund to a taxpayer if the county assessor notifies the county treasurer that the taxpayer is entitled that partial - *AB449_R1* – 2 – abatement for the immediately preceding fiscal year;

and (2) removes the requirement to establish good cause for such a correction.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

NotwithstandingIf, anyduring otherthe provisioncurrent fiscal year, the county assessor notifies the tax receiver of law,the county that a taxpayer who,has claimed and is entitled to a partial abatement from taxation for the immediately preceding fiscal year,year paidpursuant moreto thanNRS 361.4723, but that the amounttaxpayer offailed taxesto thatclaim the taxpayerpartial wouldabatement havebefore otherwisethe beenextension dueof ifthe antax applicableroll partialfor abatementthe fromimmediately taxationpreceding fiscal year pursuant to NRS 361.4722,361.773, 361.4723the ortax 361.4724receiver hadmay, beenwith appliedthe orconcurrence claimedof forthe thattax fiscalassessor year,and maywithout submitthe aapproval writtenof petitionthe forboard theof reviewcounty commissioners of that county, correct the partialtax abatementroll tofor the countyimmediately assessorpreceding offiscal year at any time during the countycurrent infiscal whichyear to indicate that the affected property is located.eligible for the partial abatement pursuant to NRS 361.4723 for the immediately preceding fiscal year.

The2. petition must be submitted on or before June 30 of the fiscal year immediately following the fiscal year for which the determination was effective.

If the tax receiver corrects the tax roll of the county pursuant to subsection 1 to indicate that the property of a taxpayer is eligible for a partial abatement from taxation for the immediately preceding fiscal year, the taxpayer is entitled to such a tax credit or refund, or combination thereof, as the tax receiver deems appropriate.

Sec.

1.3.

NRS 361.4734 is hereby amended to read as follows:

361.4734 1.

A taxpayer who is aggrieved by a determination of the applicability of a partial abatement from taxation pursuant to NRS 361.4722, 361.4723 or 361.4724 may, if the property which is the subject of that determination:

(a) Is not valued pursuant to NRS 361.320 or 361.323, submit a written petition for the review of that determination to the county assessor of the county in which the property is located.

The petition must be submitted on or before June 30 of the fiscal year for which the determination is effective [.] or, if the determination was for the immediately preceding fiscal year, June 30 of the fiscal year following the fiscal year for which the determination is made.

(b) Is valued pursuant to NRS 361.320 or 361.323, submit a written petition for the review of that determination to the Department.

The Department shall, within 30 days after receiving - *AB449_R1* – 3 – the petition, render a decision on the petition and notify the taxpayer of that decision.

A taxpayer who submitsis aaggrieved petitionby pursuanta todecision subsectionrendered 1by anda submitscounty evidenceassessor satisfactoryor to establish that, for the immediatelyDepartment preceding fiscal year, the taxpayer paid more than the amount of taxes that the taxpayer would have otherwise been due if an applicable partial abatement from taxation pursuant to NRSsubsection 361.4722,1 361.4723may, orwithin 361.472430 haddays beenafter appliedreceiving ornotice claimedof for that fiscaldecision, yearappeal isthe entitleddecision to credit against the taxesNevada dueTax forCommission. the next fiscal year.

Any unused credit may be carried forward to subsequent fiscal years.

A taxpayer who is aggrieved by a decisiondetermination of the Nevada Tax Commission rendered byon aan countyappeal assessormade pursuant to subsection 12 may,is withinentitled 30to daysa afterjudicial receivingreview notice of that decision,determination. appeal the decision to the Nevada Tax Commission.

4.

A taxpayer who is aggrieved by a determination of the subsection 3 is entitled to a judicial review of that determination.

1.7.

NRS 361.773 is hereby amended to read as follows:

361.773 1.

If the county assessor notifies the tax receiver of partial abatement from taxation for a fiscal year pursuant to NRS to a 361.4723, but that the taxpayer [for good cause] failed to claim the partial abatement before the extension of the tax roll for that fiscal year pursuant to NRS 361.465, the tax receiver may, with the concurrence of the tax assessor and without the approval of the board of county commissioners of that county, correct the tax roll of the county at any time during that fiscal year to indicate that the affected property is eligible for that partial abatement for that fiscal year.

If the tax receiver corrects the tax roll of the county pursuant to subsection 1 to indicate that the property of a taxpayer is eligible for a partial abatement from taxation for a fiscal year, the taxpayer is entitled to such a tax credit or refund, or combination thereof, as the tax receiver deems appropriate.

Sec.

2.

H - *AB449**AB449_R1*