Nevada Revised Statutes

Nev. Rev. Stat. § 361.159 (2026)

Exempt personal property subject to taxation if used in business conducted for profit; exceptions

✓ current as of July 2026 Cite as: Nev. Rev. Stat. § 361.159 (2026)
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NRS 361.159  Exempt personal property subject to taxation if used in business conducted for profit; exceptions.

      1.  Except as otherwise provided in subsection 3, when personal property, or a portion of personal property, which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit, the leasehold interest, possessory interest, beneficial interest or beneficial use of any such lessee or user of the property is subject to taxation to the extent the:

      (a) Portion of the property leased or used; and

      (b) Percentage of time during the fiscal year that the property is leased to the lessee or used by the user, in accordance with NRS 361.2275,

Ê can be segregated and identified. The taxable value of the interest or use must be determined in the manner provided in subsection 3 of NRS 361.227 and in accordance with NRS 361.2275.

      2.  Taxes must be assessed to lessees or users of exempt personal property and collected in the same manner as taxes assessed to owners of other personal property, except that taxes due under this section do not become a lien against the personal property. When due, the taxes constitute a debt due from the lessee or user to the county for which the taxes were assessed and, if unpaid, are recoverable by the county in the proper court of the county.

      3.  The provisions of this section do not apply to personal property:

      (a) Used in vending stands operated by persons who are blind under the auspices of the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

      (b) Owned by a public airport and used for the purposes of the public airport.

      (Added to NRS by 1965, 1157; A 1971, 659; 1973, 1406; 1977, 1098; 1987, 293; 1993, 1575, 2311; 1995, 579, 1809; 1997, 1173; 2001, 841, 1546; 2003, 53)

Exemption of Personal Property in Transit (Free Port)

     

Notes of Decisions
Cited in 6 cases, 1972–1999 · leading case: United States v. Nye County, Nev.
United States v. Nye County, Nev. (1996) nvd · cites it 28× “Former section 361.159 taxed the leasehold interest, possessory interest, beneficial interest or beneficial use by a lessee or user of personal property that is otherwise exempt from taxation.”
Clark County v. City of Los Angeles (1975) nev · cites it 5× “In 1941 the respondent corporations contracted with the Bureau of Reclamation for the exclusive furnishing of electrical power to the three entities and the City of Los Angeles in addition entered into a separate contractual relationship whereby it assumed the responsibility to…”
United States v. Nye County (1999) ca9 “Nev.Rev.Stat. § 361.159. In the same vein, the new real property tax statute taxes “the leasehold interest, possessory interest, beneficial interest or beneficial use of the lessee or user of the [tax-exempt real estate]” subject to the same apportionment and time conditions.”
United States of America: Aerojet General Corp. v. State Ex Rel. Beko (1972) nev “Taxes levied under NRS 361.159 for the time interval aggregated $553,198.”
United States v. Nye County (1997) nvd · cites it 4× “Prior to 1993, NRS § 361.159 imposed a tax which provided in relevant part: Personal property exempt from taxation which is leased, lent or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit is…”
State v. City of Burbank (1984) nev “NRS 361.159(2) is identical, except that it applies to “personal property” instead of “real estate.”
— Nev. Rev. Stat. § 361.159(1) — 1 case
United States v. Nye County (1997) nvd “Prior to 1993, NRS § 361.159 imposed a tax which provided in relevant part: Personal property exempt from taxation which is leased, lent or otherwise made available to and used by a natural person, association or corporation in connection with a business conducted for profit is…”
— Nev. Rev. Stat. § 361.159(2) — 1 case
State v. City of Burbank (1984) nev “NRS 361.159(2) is identical, except that it applies to “personal property” instead of “real estate.”
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