Daily Update- September 24, 2020 Judge Ruling on Tax Issues

Earlier this week, Carson City District Court Judge James Russell issued a ruling from the bench, saying that state lawmakers had violated the constitutional two-thirds vote requirement for tax increases in passing two bills during the last session that extended tax rates or fees that were set to expire. The taxes included a higher payroll tax and a $1 per transaction “Technology Fee” for the Department of Motor Vehicles. He noted that extending a tax rate that was set to expire met the need for a 2/3 vote of the Legislature. As part of the ruling, the State is required to pay back revenue that was generated due to the higher rate, but this could be delayed as the issue is likely headed to the Supreme Court. The hearing stemmed from conflict regarding SB551 and SB542 from the 2019 legislative session.

Background and more information on the ruling:

Judge sides with state Senate GOP in lawsuit challenging extended payroll, DMV taxes (NV Indy)

Senate Republicans file lawsuit challenging payroll tax extension pushed through by Democrats without two-thirds support (NV Indy)

Nevada Democrats to Appeal Ruling in $100M Taxation Case (Las Vegas Sun)

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