US Lawyer Database

42-11132.02. Property leased to veterans’ organization; definition

A. Property, buildings and fixtures that are leased to a veterans’ organization shall be classified as class nine property pursuant to section 42-12009. If only part of the parcel or improvements is leased to a veterans’ organization and primarily used or held for veterans’ organization operations, only the portion so leased qualifies as class nine property. To qualify under this subsection, the veterans’ organization must annually file with the assessor an affidavit that it:

1. Continues to use or hold the property primarily for the veterans’ organization operations.

2. Is the sole economic beneficiary of the classification of the property as class nine pursuant to section 42-12009, subsection A, paragraph 6.

B. Property, buildings and fixtures that are owned by a veterans’ organization, that are leased to a veterans’ organization and that are primarily used for veterans’ organization operations are exempt from taxation.

C. If the veterans’ organization that owns the property files with the assessor evidence of the organization’s tax-exempt status under section 501(c)(3) or 501(c)(19) of the internal revenue code and an affidavit by the veterans’ organization that it uses or holds the property primarily for veterans’ organization operations as described in subsection B of this section, the property qualifies for the tax exemption under this section and is exempt from the requirement of filing subsequent affidavits under section 42-11152 until all or part of the property is conveyed to a new owner or is no longer primarily used or held by the veterans’ organization. At that time the veterans’ organization shall notify the assessor of the change in writing.

D. For the purposes of this section, " veterans’ organization" means a United States veterans’ organization that qualifies as a charitable organization and that is recognized under section 501(c)(3) or 501(c)(19) of the internal revenue code.