Nevada Administrative Code

NAC 373.100 “Taxpayer” defined. (NRS 373.083) “Taxpayer” means a person who uses special fuel in a motor vehicle operated or intended to operate interstate and who files a quarterly tax return pursuant to the International Fuel Tax Agreement. (Added to NAC by Dep’t of Motor Veh. …

NAC 373.140 Request for reimbursement for certain taxes imposed on special fuel consumed outside the State; exception; requirements; date deemed received by Department; denial. (NRS 373.083) 1. Except as otherwise provided in this subsection, a taxpayer may, in the manner prescri…

NAC 373.150 Approval by Department of request for reimbursement; limitations on payments. (NRS 373.083) Upon timely receipt of a complete request submitted pursuant to this chapter for reimbursement of any tax imposed on special fuels pursuant to NRS 373.062, 373.066 or 373.0663 …

NAC 373.160 Department to establish and administer interest-bearing trust accounts for deposit of certain taxes collected by county; money in trust accounts to be used to pay requests for reimbursement; pro-rata payments; distribution of balance to county at end of fiscal year. (…

NAC 373.170 Fee. (NRS 373.083) 1. The Department will charge and collect from each taxpayer who submits a request for reimbursement pursuant to this chapter a nonrefundable fee of $100 for each request. The fee must be paid to the Department using a method of payment accepted by …

NAC 373.180 Investigation, examination or audit of taxpayer who receives reimbursement; maintenance of certain documents and information by taxpayer. (NRS 373.083) 1. The Department or any of its authorized agents may investigate or conduct an examination or audit of any taxpayer…

NAC 373.190 Adjustment of reimbursement after audit or examination. (NRS 373.083) If the Department determines after an audit or examination conducted pursuant to NAC 373.180 that a taxpayer is not eligible for the amount of reimbursement received, the Department may adjust the a…

NAC 374.005 Trade-in allowances. (NRS 360.090, 374.030, 374.070, 374.725) The amount upon which the tax is computed includes any allowance for property which is traded in. If the Nevada Tax Commission finds that an allowance stated in an agreement is less than the fair market val…

NAC 375.010 Definitions. (NRS 360.090, 375.015) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 375.015 to 375.140, inclusive, have the meanings ascribed to them in those sections. [Tax Comm’n, Real Property Transfer Tax Ruling p…

NAC 375.015 “Agency agreement” defined. (NRS 360.090, 375.015) “Agency agreement” means a written agreement pursuant to which a legal representative may act on behalf of another person. (Added to NAC by Tax Comm’n by R181-01, eff. 5-13-2002)

NAC 375.020 “Assigned,” “granted,” “transferred” and “otherwise conveyed” defined. (NRS 360.090, 375.015) “Assigned,” “granted,” “transferred” and “otherwise conveyed” are synonymous words all meaning the transfer of title to realty from one person to another. [Tax Comm’n, Real P…

NAC 375.030 “Consideration” defined. (NRS 360.090, 375.015) “Consideration” means that which is regarded as the equivalent or return given or suffered by one for the act or promise of another. It means the price paid for the real property transferred. The consideration can be in …

NAC 375.040 “Deed of trust” and “trust deed” defined. (NRS 360.090, 375.015) “Deed of trust” or “trust deed” means an instrument taking the place and serving the uses of a common-law mortgage, by which legal title to real property is placed in one or more trustees, to secure the …

NAC 375.050 “Deed with the right of redemption” defined. (NRS 360.090, 375.015) “Deed with the right of redemption” means a deed which provides for the annulling and revoking of a conditional sale of property for the failure to perform the conditions stipulated. [Tax Comm’n, Real…

NAC 375.055 “Department” defined. (NRS 375.015) “Department” means the Department of Taxation. (Added to NAC by Dep’t of Taxation by R224-03, eff. 4-30-2004)

NAC 375.060 “Easement” defined. (NRS 360.090, 375.015) “Easement” means a permanent interest in another’s land, with a right to enjoy it fully and without obstruction. The term includes the right of ingress and egress to a person’s property. [Tax Comm’n, Real Property Transfer Ta…

NAC 375.063 “Fractional interest” defined. (NRS 360.090, 375.015) “Fractional interest” means an interest in a portion of real property. A person who holds a fractional interest in real property has no rights in another owner’s fractional interest in that property. (Added to NAC …

NAC 375.067 “Joint tenancy” and “joint tenants” defined. (NRS 360.090, 375.015) “Joint tenancy” or “joint tenants” means a relationship in which two or more owners hold identical interests in real property simultaneously by the same instrument and with the same right of possessio…

NAC 375.070 “Land” defined. (NRS 360.090, 375.015) “Land” means not only the soil, but everything attached to it, whether attached by the course of nature, as trees, herbage and water or by the hand of man, as buildings and fences. [Tax Comm’n, Real Property Transfer Tax Ruling p…

NAC 375.080 “Lease” defined. (NRS 360.090, 375.015) “Lease” means a conveyance of lands or tenements to a person for life, for a term of years or at will, in consideration of rent or some other compensation. The person who so conveys such lands or tenements is termed the lessor a…

NAC 375.085 “Legal representative” defined. (NRS 360.090, 375.015) “Legal representative” has the meaning ascribed to it in NRS 167.020. (Added to NAC by Tax Comm’n by R181-01, eff. 5-13-2002)

NAC 375.090 “Life estate” defined. (NRS 360.090, 375.015) “Life estate” means an estate whose duration is limited to the life of the party holding it or of some other person. [Tax Comm’n, Real Property Transfer Tax Ruling part No. 1, eff. 1-1-68]

NAC 375.100 “Quitclaim deed” defined. (NRS 360.090, 375.015) “Quitclaim deed” means a deed of conveyance operating by way of release, that is, intended to pass any title, interest or claim which the grantor may have in the premises, but not professing that the title is valid nor …

NAC 375.110 “Realty” defined. (NRS 360.090, 375.015) “Realty” means real property or anything which partakes of the nature of real property. The term includes land and tenements. [Tax Comm’n, Real Property Transfer Tax Ruling part No. 1, eff. 1-1-68]

NAC 375.120 “Right of redemption” defined. (NRS 360.090, 375.015) “Right of redemption” means the right to disencumber property or to free it from a claim or lien, specifically, the right, granted by statute only, to free property from the encumbrance of a foreclosure or other ju…

NAC 375.128 “Tenancy in common” and “tenants in common” defined. (NRS 360.090, 375.015) “Tenancy in common” or “tenants in common” means a relationship in which two or more owners hold the same real property by unity of possession but by separate and distinct titles with each per…

NAC 375.130 “Tenement” defined. (NRS 360.090, 375.015) “Tenement” means land, houses and other buildings and means rents, commons and several other rights and interests issuing out of or concerning land. [Tax Comm’n, Real Property Transfer Tax Ruling part No. 1, eff. 1-1-68]

NAC 375.140 “Transferred” defined. (NRS 360.090, 375.015) “Transferred” means: 1. The passing of a thing or of property from one person to another or to convey. 2. An act of the parties, or of the law, by which the title to property is conveyed from one living person to another. …

NAC 375.150 Examples of methods of determining value or tax base. (NRS 360.090, 375.015, 375.030) The following examples are given to illustrate methods of determining value or the tax base on which to compute any tax imposed by chapter 375 of NRS: 1. “A,” the owner of a residenc…

NAC 375.160 Examples of taxable transactions. (NRS 360.090, 375.015, 375.030) The following are examples of transfers or conveyances subject to any tax imposed by chapter 375 of NRS: 1. A conveyance of realty in exchange for other property and the conveyance of the other property…

NAC 375.170 Examples of transactions to which taxes do not apply. (NRS 360.090, 375.015, 375.030, 375.090) In addition to the exemptions provided by NRS 375.090, the following are examples of transfers or conveyances which are not subject to any tax imposed by chapter 375 of NRS:…

NAC 375.180 Declaration of value; claim for refund of overpayment; date for submission of claim. (NRS 360.090, 375.015, 375.060, 375.290) 1. Except as otherwise provided in subsection 3, if a deed evidencing a transfer of title of real property is offered for recording to a count…

NAC 375.190 Availability of records and files regarding specific recorded documents; liability for payment of additional taxes. (NRS 360.090, 375.015) The records and files of the grantor, grantee and other persons recording deeds regarding specific recorded documents must be mad…

NAC 375.200 Property located in more than one county: Determination of value; request for refund; distribution of refund. (NRS 360.090, 375.015, 375.030, 375.290) 1. If the property transferred is located in more than one county and the value has not been determined by the buyer …

NAC 375.210 Claim for refund: Right to hearing; required documentation; contested cases. (NRS 360.090, 375.015, 375.290) 1. The provisions of NAC 375.180, 375.190 and 375.200 do not afford a person claiming a refund a right to a hearing conducted by a hearing officer appointed by…

NAC 375.300 Hearings: Admissibility of evidence; depositions; affidavits. (NRS 360.090, 375.015, 375.320) 1. A hearing conducted by a hearing officer appointed by a county pursuant to NRS 375.320 may not be conducted according to the technical rules of evidence. Any relevant evid…

NAC 375.310 Hearings: Official notice. (NRS 360.090, 375.015, 375.320) A hearing officer appointed by a county pursuant to NRS 375.320 may take official notice of the following matters: 1. Any petition for a hearing on any matter pertaining to an appeal of an assessment of any ta…

NAC 375.320 Hearings: Briefs. (NRS 360.090, 375.015, 375.320) 1. In any hearing, a hearing officer appointed by a county pursuant to NRS 375.320 may order briefs filed within such time as he allows. 2. Briefs must be filed with the hearing officer and be accompanied by an acknowl…

NAC 375.330 Hearings: Duties of hearing officer after hearing; final decision. (NRS 360.090, 375.015, 375.320) 1. After the hearing of a contested case, a hearing officer appointed by a county pursuant to NRS 375.320 shall prepare findings of fact, conclusions of law and his fina…

NAC 375.340 Waiver or reduction of penalty or interest. (NRS 360.090, 375.015, 375.320, 375.330) 1. The county recorder may waive or reduce the penalty or interest for a delinquent payment of tax that was imposed pursuant to subsection 3 of NRS 375.030 if he finds that the delinq…

NAC 375.400 Reports regarding collection and administration of taxes; submission of certain documentation to Department. (NRS 375.015, 375.019) 1. The Department will periodically prepare reports regarding the collection and administration of taxes imposed by chapter 375 of NRS. …

NAC 375.410 Examination by Department of records of county. (NRS 375.015, 375.019) The Department may examine the records of each county to determine whether the county is complying with statutory and regulatory requirements governing the calculation, collection and distribution …

NAC 375.420 Opinions of district attorney: Submission to Department; determination of inconsistency with opinions of Attorney General or requirements of law. (NRS 375.015, 375.019) 1. Each county recorder shall submit to the Department a copy of any written opinion received from …

NAC 375.430 Requests from certain counties for assistance in determining amount of tax and exemptions. (NRS 375.015, 375.019) 1. The county recorder of a county whose population is less than 30,000 may request assistance from the Department in making determinations regarding the …

NAC 375.440 Remission of collection allowance to general fund of county. (NRS 375.015, 375.023) A county may, at the time any tax imposed by NRS 375.023 is collected, remit to the credit of the general fund of the county the collection allowance that the county is authorized to d…

NAC 375A.010 “Department” defined. (NRS 360.090, 375A.800) As used in this chapter, unless the context otherwise requires, “department” means the department of taxation. (Added to NAC by Tax Comm’n by R182-99, eff. 5-16-2000)

NAC 375A.020 Documentation of tax due on transfer of certain taxable estates; remittance of tax. (NRS 360.090, 375A.150, 375A.800) 1. The documentation required pursuant to NRS 375A.150 includes, without limitation: (a) A copy of the first page of Form 706 of the Internal Revenue…