NAC360.479. Abatements for certain energy-efficient structures: Interpretation of certain statutory terms.

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)