The RPTT Exemption 1 Model Affidavit is the sworn statement a business entity uses to claim the Real Property Transfer Tax (RPTT) exemption in NRS 375.090(1) for a mere change in identity, form or place of organization. The Nevada Department of Taxation prepared the model, and the Washoe County Recorder publishes it as a PDF. It is used when a transfer between related entities with identical common ownership is shown on a Declaration of Value. On this page you can fill out the affidavit online on FillingPDF and download or print the completed PDF; the original form lives on the Washoe County website.
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What is RPTT Exemption 1 Model Affidavit – Washoe County, NV?
The RPTT Exemption 1 Model Affidavit is a Real Property Transfer Tax (RPTT) form in which an authorized representative of the business entities involved swears that a transfer of Nevada real property qualifies for the exemption in NRS 375.090(1) and is not otherwise taxable under NRS 375.
The Nevada Department of Taxation prepared the model as interim guidance for County Recorders and taxpayers, following the revision of NRS 375.090(1) by Assembly Bill 448 in the 82nd Legislative Session. The exemption covers a mere change in identity, form or place of organization, such as a transfer between a business entity and its parent, its subsidiary or an affiliated entity with identical common ownership. It does not apply if the receiving entity was formed to avoid those taxes.
The affidavit has two pages. Page 1 gives the guidelines; page 2 is the affidavit itself, with claimant contact information, five declarations, a description of the change, a signature block and a jurat for the oath. The guidelines list five tests: plan of reorganization, continuity of interest, continuity of the business enterprise, legitimate business purpose and the business entity formation purpose.
The affidavit refers to an attached Declaration of Value, which is the document that reports the transfer itself. It is not a substitute for that declaration.
Who needs to file RPTT Exemption 1 Model Affidavit – Washoe County, NV?
Business entities that transfer real property in a mere change in identity, form or place of organization, and want to claim the exemption in NRS 375.090(1), use this affidavit. The form is signed by a duly authorized representative of the business entities named in it.
The guidelines attach conditions to the exemption:
- The receiving entity must have identical common ownership with the transferring entity, for example in a transfer between an entity and its parent, subsidiary or affiliated entity.
- The transfer must follow a plan of reorganization, such as a change from one LLC to another, from an LLC to a corporation, from a general partnership to a limited partnership, or from a California corporation to a Nevada corporation.
- The acquiring entity must continue the historic business or use a significant portion of its historic assets.
Do not rely on this exemption if the receiving entity was formed for the purpose of avoiding the real property transfer tax: the guidelines say that transfer is subject to the taxes in NRS 375. The affidavit must also state that the transfer, including subsequent transactions, is not a sale of Nevada real property that would otherwise be taxable.
When to file RPTT Exemption 1 Model Affidavit – Washoe County, NV
Complete the affidavit when you claim the NRS 375.090(1) exemption for a transfer reported on a Declaration of Value, because the affidavit refers to that declaration as an attachment. The form prints no separate due date.
The affidavit must be sworn or affirmed, with the date and the name of the person making the statement completed in the jurat on page 2. Gather the supporting documents before you sign, since the affidavit states that documentation supporting its statements is attached. The County Recorder may also ask for the reorganization plan or other records to verify continuity of the business enterprise and legitimate business purpose. For timing rules on the Declaration of Value or on recording, contact the Washoe County Recorder.
Documents you need
- The Declaration of Value for the transfer: the affidavit refers to it as attached and states that the transfer it reports is eligible for the exemption.
- Documentation supporting the statements in the affidavit, which the form says is attached.
- Records showing the organization of the business, such as articles of incorporation, partnership agreements or an operating agreement, with each owner and the percentage of ownership; these prove identical ownership and must be available for examination by the County Recorder.
- The reorganization plan or other records of continuity of the business enterprise and legitimate business purpose, if the County Recorder asks for them.
How to fill out RPTT Exemption 1 Model Affidavit – Washoe County, NV
Enter the entities and contact details
List the name of the transferring business entity and of the business entity receiving the transfer, then the petitioner, an optional contact person, street and mailing addresses, daytime phone numbers with area code, e-mail address and, if you wish, a fax number.
Review declarations 1 to 3
Declaration 1 says the transfer on the attached Declaration of Value is exempt under NRS 375.090(1) and not otherwise taxable. Declaration 2 says the receiving entity was NOT formed to avoid taxes, and declaration 3 says both entities have identical common ownership.
Describe the business use
In declaration 4, write the business use of the property before the transfer and the business use after the transfer. The property must continue to be used in the same manner.
Check the type of change
In declaration 5, check change in the identity, in the business entity form of organization, or in the location of the business entity, as the plan of reorganization requires.
Describe the change and its purpose
In Description of the change, state the reason or purpose for the reorganization and the specific change, such as one LLC to another, an LLC to a corporation or a California corporation to a Nevada corporation.
Attach supporting documentation
The form states that supporting documentation is attached. Gather ownership records showing each owner and percentage, and be ready to provide the reorganization plan if asked.
Sign with title and date
The duly authorized representative signs and enters Title, Date and the entity being represented in the Representing space.
Complete the jurat
Enter the county, the date and the name of each person making the statement, and have the notary public or officer administering the oath complete the notary stamp if applicable, the signature and the title of the officer.
Review and download the completed PDF
Check names, addresses and descriptions against your ownership records, then download or print the completed PDF from FillingPDF and assemble it with the Declaration of Value and supporting documents as described under How to submit.
How to submit RPTT Exemption 1 Model Affidavit – Washoe County, NV
The affidavit is attached to the Declaration of Value for the transfer, together with the documentation that supports it. The form itself names no mailing address, portal or appointment rule.
- With the Declaration of Value: declaration 1 on the affidavit refers to "the attached Declaration of Value", so the two travel together.
- Supporting documents: the affidavit states that supporting documentation is attached. Records showing each owner and percentage of ownership must be available for examination by the County Recorder.
- Questions: the form is published by the Washoe County Recorder, who is the office to ask about where and how to deliver the package and about any fee.
FillingPDF lets you fill out and download the PDF; submission follows the channels the County Recorder provides.
Common mistakes to avoid
- Claiming the exemption for a receiving entity that was formed to avoid real property transfer tax; the guidelines say such a transfer is taxable under NRS 375.
- Naming a receiving entity whose ownership is not identical to that of the transferring entity, when declaration 3 requires identical common ownership.
- Leaving the business use before and after the transfer blank, or describing a different use, when declaration 4 says the property will continue to be used in the same manner.
- Checking none of the three reorganization boxes, or leaving the Description of the change empty, although the affidavit must state the reason and type of change.
- Omitting the statement that supporting documentation is attached without actually attaching ownership records.
- Skipping the jurat or leaving the date and the name of the person making the statement blank, which the form's oath block asks for.
- Using the affidavit for a change that is really a sale of Nevada real property that would otherwise be taxable; declaration 1 says the transfer is not otherwise taxable under NRS 375.
Frequently asked questions
What is the RPTT Exemption 1 Model Affidavit?
It is the model affidavit prepared by the Nevada Department of Taxation for claiming the Real Property Transfer Tax exemption in NRS 375.090(1), which covers a mere change in identity, form or place of organization of a business entity. The Washoe County Recorder publishes the PDF.
Who qualifies for Exemption 1 under NRS 375.090(1)?
A business entity whose transfer is a mere change in identity, form or place of organization, such as a transfer to its parent, subsidiary or an affiliated entity with identical common ownership. The receiving entity must not have been formed to avoid the tax.
Do I need to attach anything to the affidavit?
Yes. The affidavit refers to an attached Declaration of Value and states that documentation supporting its statements is attached. Ownership records, such as an operating agreement, must be available for the County Recorder to examine.
Does the affidavit have to be notarized?
The form includes a jurat reading signed and sworn to (or affirmed) before a notary public or officer administering the oath, with a notary stamp line marked as applicable. Complete that block when you sign.
What does the Recorder look for in a reorganization?
The guidelines list a plan of reorganization, continuity of interest, continuity of the business enterprise, a legitimate business purpose and a receiving entity not formed to avoid tax. The Recorder may ask for the reorganization plan to verify them.
Who can sign the RPTT Exemption 1 affidavit?
A duly authorized representative of the business entities named in the affidavit. The signature block asks for the signer's title and the entity represented.
Can I fill out the RPTT Exemption 1 Model Affidavit online?
Yes, you can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the affidavit or the Declaration of Value; delivery follows the Washoe County Recorder's channels.
What is the difference between this affidavit and the Declaration of Value?
The Declaration of Value reports the transfer; the affidavit supports the claim that the transfer is exempt under NRS 375.090(1). The affidavit refers to the Declaration of Value as an attachment, so the two go together.
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