Existing law provides a partial exemption from property taxes for a veteran with a permanent service-connected disability, or the surviving spouse of such a veteran. (NRS 361.091) Section 1 of this bill provides that a veteran who is at least 55 years of age, was honorably discharged, and has either a permanent service-connected disability rated at 100 percent or receives certain special benefits from the United States Department of Veterans Affairs, or his or her surviving spouse, is exempt from all property taxes levied against his or her primary residence. Under section 1, a veteran, or surviving spouse, who claims this exemption is not entitled to any other property tax exemption for veterans, or surviving spouses, to which the veteran or surviving spouse may otherwise be entitled. Sections 2 and 3 of this bill make conforming changes governing the waiver of a veteran's exemption and certain reporting requirements for the Department of Taxation, respectively. Sections 4-34 of this bill enact provisions to provide partial property tax refunds to persons 55 years of age or older. Sections 5-15 of this bill define words and terms for the purposes of sections 5-34 of this bill. Sections 17 and 18 of this bill entitle each person who is 55 years of age or older who: (1) owns his or her primary residence and whose household income is less than or equal to the federally designated level signifying poverty to receive a partial refund of the property taxes due for the fiscal year in which a claim for the partial refund is filed; or (2) rents his or her primary residence and whose household income is less than or equal to the federally designated level signifying poverty to receive a partial refund of a portion of the annual rent paid by the person, which is deemed to constitute the property taxes due for the fiscal year in which a claim for the partial refund is filed. Section 19 of this bill provides that a senior citizen is entitled to a partial refund calculated pro rata for certain portions of property taxes levied against property the senior citizen owned or rented during a portion of the preceding year. Section 20 of this bill sets forth the amount of rent deemed to constitute accrued property tax. Sections 21, 22, 26, 27 and 30 of this bill establish the procedure for a claimant to claim a partial refund and for the Aging and Disability Services Division of the Department of Health and Human Services to grant or deny such a claim. Section 23 of this bill provides that persons with homes exceeding a certain amount of assessed value and persons with a certain amount of liquid assets are ineligible to receive a partial refund. Section 24 of this bill authorizes surviving spouses, persons who are blind and veterans who receive certain property tax exemptions to receive a refund of the property taxes pursuant to sections 5-34, but require the assessed value used to determine the refund to be reduced by the amount of the exemption. Sections 28 and 29 of this bill provide for the revocation or disallowance of a refund under certain circumstances. Section 25 of this bill authorizes the Division to expend a certain amount of money to contract with qualified persons to assist in conducting an audit of claims. Section 31 of this bill makes it a gross misdemeanor for a person willfully to make a false statement or commit fraud to obtain a refund. Section 32 of this bill establishes the procedure to appeal a denial of a refund by the Division or a county assessor. Section 33 of this bill provides certain administrative responsibilities for the Division. Section 34 of this bill establishes the Senior Citizens' Property Tax Assistance Account in the State General Fund and requires: (1) the Account to consist of a portion of the property taxes collected by the county treasurer of each county and legislative appropriations to the Account; (2) the costs of administering sections 5-34 and the refunds of property taxes to be paid from that Account; and (3) the county assessor of each county to be paid from the Account an amount equal to $4 for each claim for a refund received by the county assessor and submitted to the Division.

Statutes affected:
As Introduced: 361.0905, 417.0194
BDR: 361.0905, 417.0194