Nev. Rev. Stat. § 361.320 — Determination and allocation of valuation for property of interstate or intercounty nature; billing, collection and remittance of taxes on private car lines

NRS  361.320    Determination and allocation of valuation for property of
interstate or intercounty nature; billing, collection and remittance of taxes
on private car lines.
1.  At the regular session of the Nevada
Tax Commission commencing on the first Monday in October of each year, the
Nevada Tax Commission shall examine the reports filed pursuant to NRS 361.318 and establish the valuation for
assessment purposes of any property of an interstate or intercounty nature used
directly in the operation of all interstate or intercounty railroad, sleeping
car, private car, natural gas transmission and distribution, water, telephone,
scheduled and unscheduled air transport, electric light and power companies,
and the property of all railway express companies operating on any common or
contract carrier in this State. This valuation must not include the value of
vehicles as defined in NRS 371.020 .
2.  Except as otherwise provided in
subsections 3, 4 and 7 and NRS 361.323 ,
the Nevada Tax Commission shall establish and fix the valuation of all physical
property used directly in the operation of any such business of any such
company in this State, as a collective unit. If the company is operating in
more than one county, on establishing the unit valuation for the collective
property, the Nevada Tax Commission shall then determine the total aggregate
mileage operated within the State and within its several counties and apportion
the mileage upon a mile-unit valuation basis. The number of miles apportioned
to any county are subject to assessment in that county according to the
mile-unit valuation established by the Nevada Tax Commission.
3.  After establishing the valuation, as a
collective unit, of a public utility which generates, transmits or distributes
electricity, the Nevada Tax Commission shall segregate the value of any project
in this State for the generation of electricity which is not yet put to use.
This value must be assessed in the county where the project is located and must
be taxed at the same rate as other property.
4.  After establishing the valuation, as a
collective unit, of an electric light and power company that places a facility
into operation on or after July 1, 2003, in a county whose population is less
than 100,000, the Nevada Tax Commission shall segregate the value of the
facility from the collective unit. This value must be assessed in the county
where the facility is located and taxed at the same rate as other property.
5.  The Nevada Tax Commission shall adopt
formulas and incorporate them in its records, providing the method or methods
pursued in fixing and establishing the taxable value of all property assessed
by it. The formulas must be adopted and may be changed from time to time upon
its own motion or when made necessary by judicial decisions, but the formulas
must in any event show all the elements of value considered by the Nevada Tax
Commission in arriving at and fixing the value for any class of property
assessed by it. These formulas must take into account, as indicators of value,
the company’s income and the cost of its assets, but the taxable value may not
exceed the cost of replacement as appropriately depreciated.
6.  If two or more persons perform separate
functions that collectively are needed to deliver electric service to the final
customer and the property used in performing the functions would be centrally
assessed if owned by one person, the Nevada Tax Commission shall establish its
valuation and apportion the valuation among the several counties in the same
manner as the valuation of other centrally assessed property. The Nevada Tax
Commission shall determine the proportion of the tax levied upon the property
by each county according to the valuation of the contribution of each person to
the aggregate valuation of the property. This subsection does not apply to a
qualifying facility, as defined in 18 C.F.R. § 292.101, which was constructed
before July 1, 1997, or to an exempt wholesale generator, as defined in 15
U.S.C. § 79z-5a.
7.  A company engaged in a business
described in subsection 1 that does not have property of an interstate or
intercounty nature must be assessed as provided in subsection 8.
8.  All other property, including, without
limitation, that of any company engaged in providing commercial mobile radio
service, radio or television transmission services or cable television or other
video services, must be assessed by the county assessors, except as otherwise
provided in NRS 361.321 and 362.100 and except that the valuation of
land and mobile homes must be established for assessment purposes by the Nevada
Tax Commission as provided in NRS 361.325 .
9.  On or before November 1 of each year,
the Department shall forward a tax statement to each private car line company
based on the valuation established pursuant to this section and in accordance
with the tax levies of the several districts in each county. The company shall
remit the ad valorem taxes due on or before December 15 to the Department,
which shall allocate the taxes due each county on a mile-unit basis and remit
the taxes to the counties no later than January 31. The portion of the taxes
which is due the State must be transmitted directly to the State Treasurer. A
company which fails to pay the tax within the time required shall pay a penalty
of 10 percent of the tax due or $5,000, whichever is greater, in addition to
the tax. Any amount paid as a penalty must be deposited in the State General
Fund. The Department may, for good cause shown, waive the payment of a penalty
pursuant to this subsection. As an alternative to any other method of
recovering delinquent taxes provided by this chapter, the Attorney General may
bring a civil action in a court of competent jurisdiction to recover delinquent
taxes due pursuant to this subsection in the manner provided in NRS 361.560 .
10.  For the purposes of this section, an
unscheduled air transport company does not include a company that only uses
three or fewer fixed-wing aircraft with a weight of less than 12,500 pounds to
provide transportation services, if the company elects, in the form and manner
prescribed by the Department, to have the property of the company assessed by a
county assessor.
11.  As used in this section:
(a) “Company” means any person, company,
corporation or association engaged in the business described.
(b) “Commercial mobile radio service” has the
meaning ascribed to it in 47 C.F.R. § 20.3, as that section existed on January
1, 1998.