Nev. Admin. Code § 360.479 — 360.479

NAC 360.479    Abatements for certain energy-efficient structures:
Interpretation of certain statutory terms. ( NRS
360.090 , 360.200 , §§ 15 and 15.5 of ch. 539,
Stats. 2007)    For
the purposes of:
1.  Subsection 5 of section 15 of chapter
539, Statutes of Nevada 2007, the Department shall interpret the term:
(a) “Building” to mean a building or other
structure that:
(1) Meets the requirements of paragraphs (a),
(b) and (c) of that subsection; and
(2) Is described in the application for
registration of the construction project with the Office of Energy for the
purpose of obtaining the tax exemption provided pursuant to paragraph (d) of
subsection 1 of NRS
374.307 , as amended by chapter 2, Statutes
of Nevada 2005, 22nd Special Session, at page 71 ,
Ê other than
any building or other structure for which the principal use is as a residential
dwelling for not more than four families.
(b) “Construction contract” to mean a contract
between an owner of real property or an affiliate or subsidiary of the owner,
and a contractor or construction manager which:
(1) Defines their respective roles and
responsibilities for the construction of a project on the property;
(2) Establishes the scope of work, the amount
of money to be paid to the contractor or construction manager and the allowable
time for the duration of the contract; and
(3) Describes the terms and conditions of a
construction project.
(c) “Preconstruction contract” to mean a written
and executed agreement that:
(1) Precedes the construction of or the
execution of a construction contract for a project for which a partial tax
abatement is sought;
(2) Clearly indicates a commitment to
construct the project; and
(3) Is entered into to provide at least one of
the following services relating to the construction project:
(I) Project financing;
(II) Engineering;
(III) Design;
(IV) Architecture;
(V) Labor; or
(VI) Subcontracting.
(d) “Used in the construction of a building” to
mean attached to or incorporated into a building by a contractor in the
performance of a construction contract in such a manner as to:
(1) Become an integral or inseparable part of
the building; or
(2) Become a fixture to the building.
2.  Section 15.5 of chapter 539, Statutes of
Nevada 2007, the Department shall interpret the term “building or other
structure” to mean a building or other structure that:
(a) Meets the requirements of paragraphs (a), (b)
and (c) of subsection 1 of that section; and
(b) Is described in the application for
registration of the construction project with the Office of Energy for the
purpose of obtaining the partial abatement of taxes provided pursuant to the
former provisions of NRS
361.0775 ,
Ê other than
any building or other structure for which the principal use is as a residential
dwelling for not more than four families.
(Added to NAC by Tax Comm’n by R084-07, eff. 12-5-2007)
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