Nevada § 371.104 - Exemptions for veteran with a disability and surviving spouse; transfer of exemption to veteran’s current spouse

§ 371.104. Exemptions for veteran with a disability and surviving spouse; transfer of exemption to veteran’s current spouse

1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected

disability and has been honorably discharged from the Armed Forces of the United States,

or his or her surviving spouse, is entitled to a veteran's exemption from the payment

of governmental services taxes on vehicles of the following determined valuations: (a) If he or she has a disability of 100 percent, the first $20,000 of determined

valuation. (b) If he or she has a disability of 80 to 99 percent, inclusive, the first $15,000

of determined valuation. (c) If he or she has a disability of 60 to 79 percent, inclusive, the first $10,000

of determined valuation. 2. In lieu of claiming the exemption from taxation set forth in subsection 1 in his

or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the

Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before an authorized employee of the Department

or a notary public. If a veteran makes such a transfer: (a) The spouse of the veteran is entitled to the exemption in the same manner as if

the spouse were the veteran; (b) The veteran is not entitled to the exemption for the duration of the transfer; (c) The transfer expires upon the earlier of: (1) The termination of the marriage; (2) The death of the veteran; or (3) The revocation of the transfer by the veteran as described in paragraph (d);

and (d) The veteran may, at any time, revoke the transfer of the exemption by filing with

the Department in the county where the exemption is claimed an affidavit made before

an authorized employee of the Department or a notary public. 3. For the purpose of this section, the first $20,000 of determined valuation of vehicles

in which a person described in subsection 1 or 2 has any interest shall be deemed

to belong entirely to that person. 4. A person claiming the exemption shall file annually with the Department in the

county where the exemption is claimed an affidavit declaring that he or she is a bona

fide resident of the State of Nevada who meets all the other requirements of subsection

1 or 2, as applicable, and that the exemption is claimed in no other county within

this State. After the filing of the original affidavit of exemption and after the transfer of

the exemption, if any, pursuant to subsection 2, the county assessor shall, except

as otherwise provided in this subsection, mail a form for: (a) The renewal of the exemption; and (b) The designation of any amount to be credited to the Gift Account for the Veterans

Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada

established pursuant to NRS 417.145 , to the person who claimed the exemption each year following a year in which the exemption

was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming

the exemption. If so requested by the person claiming the exemption, the county assessor may provide

the form to the person by electronic means in lieu of by mail. 5. Before allowing any exemption pursuant to the provisions of this section, the Department

shall require proof of the veteran's status, and for that purpose shall require production

of: (a) A certificate from the Department of Veterans Affairs that the veteran has incurred

a permanent service-connected disability, which shows the percentage of that disability;

and (b) Any one of the following: (1) An honorable discharge; (2) A certificate of satisfactory service; or (3) A certified copy of either of these documents. 6. A surviving spouse claiming an exemption pursuant to this section must file with

the Department in the county where the exemption is claimed an affidavit declaring

that: (a) The surviving spouse was married to and living with the veteran with a disability

for the 5 years preceding his or her death; (b) The veteran with a disability was eligible for the exemption at the time of his

or her death or, if not for a transfer of the exemption pursuant to subsection 2,

would have been eligible for the exemption at the time of his or her death; and (c) The surviving spouse has not remarried. The affidavit required by this subsection is in addition to the certification required

pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county

assessor shall, except as otherwise provided in this subsection, mail a form for renewal

of the exemption to the person each year following a year in which the exemption was

allowed for that person. The form must be designed to facilitate its return by mail by the person claiming

the exemption. If so requested by the person claiming the exemption, the county assessor may provide

the form to the person by electronic means in lieu of by mail. 7. If a tax exemption is allowed under this section to a person who qualifies for

the tax exemption: (a) As a veteran or as the current spouse of a veteran who receives a transfer of

an exemption pursuant to subsection 2, that person is not entitled to an exemption

under NRS 371.103 . (b) Solely as the surviving spouse of a veteran with a permanent service-connected

disability, the allowance of a tax exemption under this section does not affect the

eligibility of that person for an exemption under NRS 371.103 . 8. If any person makes a false affidavit or produces false proof to the Department,

and as a result of the false affidavit or false proof the person is allowed a tax

exemption to which he or she is not entitled, the person is guilty of a gross misdemeanor. 9. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1

and 3 must be adjusted for each fiscal year by adding to each amount the product of

the amount multiplied by the percentage increase in the consumer price inflation index

from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. 10. For the purposes of this section, “ consumer price inflation index ” means the Consumer Price Index for All Urban Consumers, West Region (All Items),

as published by the United States Department of Labor or, if that index ceases to

be published by the United States Department of Labor, the published index selected

by the Department of Taxation pursuant to subsection 11 of NRS 361.091 .