Nevada Administrative Code — Title 32 (Revenue and Taxation)
Nev. Admin. Code § 361.1127 — 361.1127
NAC 361.1127 Fixture defined. ( NRS
360.090 , 360.250 ) Fixture means an item,
other than a trade fixture, that was originally personal property which has
been installed or attached to land or an improvement in a permanent manner. As
used in this section, installed or attached to land or an improvement in a
permanent manner means that:
1. Either:
(a) An item is attached to, imbedded in or
permanently resting upon land or an improvement, or is attached by other means
that are normally used for permanent installation, and cannot be removed
without substantially damaging the item or the land or improvement with which
it is being used; or
(b) The use or purpose of an item that is not
otherwise physically annexed to land or an improvement is so adapted that it
is:
(1) A necessary, integral or working part of
the land or improvement;
(2) Designed or committed for use with the
land or improvement; or
(3) So essential to the land or improvement
that the land or improvement cannot perform its desired function without the
nonattached item; and
2. A reasonable person would consider the
item to be a permanent part of the land or improvement, taking into account
annexation, adaptation and other objective manifestations of permanence,
including, without limitation, whether:
(a) Removal of the item would destroy the item or
cause significant damage to the real property to which it is installed or attached;
(b) The historic use of the item indicates an
intention to leave the item in place;
(c) The terms of a written agreement between
parties indicates the intention of a tenant or lessee to remove or transfer
ownership of the item; or
(d) Ownership of the item would be conveyed with a
transfer of the real property to which it is installed or attached.
(Added to NAC by Tax Commn by R039-10, 8-13-2010, eff.
7-1-2012; A by R068-12, 9-14-2012)
Source: official text