Title 32

NRS 363D.035 “Engaging in a business” defined. “Engaging in a business” means commencing, conducting or continuing a business, the exercise of corporate or franchise powers regarding a business, and the liquidation of a business which is or was engaging in a business when the liq…

NRS 363D.040 “Gold” and “silver” defined. “Gold” and “silver” include, respectively, without limitation: 1. Gold-bearing and silver-bearing ores, quartz or minerals from which gold and silver are extracted; 2. Gold and silver bullion; and 3. The products or derivatives of gold an…

NRS 363D.045 “Governmental entity” defined. “Governmental entity” means: 1. The United States and any of its unincorporated agencies and instrumentalities. 2. Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation who…

NRS 363D.050 “Gross revenue” defined. 1. Except as otherwise provided in subsection 3, “gross revenue” means the total amount realized by a business entity from engaging in a business in this State, without deduction for the cost of goods sold or other expenses incurred, that con…

NRS 363D.055 “Loan” defined. “Loan” means any extension of credit or the purchase in whole or in part of an extension of credit from another person, including, without limitation, participations and syndications. (Added to NRS by 2021, 1271)

NRS 363D.060 “Nevada gross revenue” defined. “Nevada gross revenue” means the gross revenue of a business entity from engaging in a business in this State, as adjusted pursuant to NRS 363D.170 and sitused to this State pursuant to NRS 363D.180. (Added to NRS by 2021, 1271)

NRS 363D.065 “Pass-through entity” defined. “Pass-through entity” means an entity that is disregarded as an entity for the purposes of federal income taxation or is treated as a partnership for the purposes of federal income taxation. (Added to NRS by 2021, 1271)

NRS 363D.070 “Pass-through revenue” defined. 1. “Pass-through revenue” means: (a) Revenue received by a business entity that is required by law or fiduciary duty to be distributed to another person or governmental entity; (b) Taxes collected from a third party by a business entit…

NRS 363D.075 “Sale of gold or silver” defined. “Sale of gold or silver” means a sale or transfer of gold or silver in exchange for consideration by the business entity that extracted the gold, silver or gold-bearing or silver-bearing ore, quartz or mineral from which gold or silv…

NRS 363D.080 “Securities” defined. “Securities” means United States Treasury securities, obligations of United States governmental agencies and corporations, obligations of a state or political subdivision, corporate stock, bonds, participations in securities backed by mortgages …

NRS 363D.085 “Taxable year” defined. “Taxable year” means the 12-month period beginning on January 1 and ending on December 31 of a calendar year. (Added to NRS by 2021, 1272)

NRS 363D.090 “Taxpayer” defined. “Taxpayer” means any person liable for the tax imposed by this chapter. (Added to NRS by 2021, 1273)

NRS 363D.100 “Wages” defined. “Wages” means any remuneration paid for personal services, including, without limitation, commissions and bonuses, and remuneration payable in any medium other than cash. (Added to NRS by 2021, 1273)

NRS 363D.110 References to Internal Revenue Code. For the purposes of this chapter, unless otherwise indicated, section references are to the Internal Revenue Code of 1986, as amended, and include future amendments to such sections and corresponding provisions of future federal i…

NRS 363D.120 Businesses constituting passive entities. 1. For the purposes of this chapter, a business is a “passive entity” only if: (a) The business is a limited-liability company, general partnership, limited-liability partnership, limited partnership or limited-liability limi…

NRS 363D.130 Duties of Department. The Department shall administer and enforce the provisions of this chapter and may adopt such regulations as it deems appropriate for those purposes. (Added to NRS by 2021, 1274)

NRS 363D.140 Maintenance and availability of records of taxpayer; regulations; penalty. 1. Each person responsible for maintaining the records of a taxpayer shall: (a) Keep such records as may be necessary to determine the amount of the liability of the taxpayer pursuant to the p…

NRS 363D.150 Examination of records by Department; payment of expenses of Department for examination of records outside this State. 1. To verify the accuracy of any return filed or, if no return is filed by a taxpayer, to determine the amount of the tax required to be paid pursua…

NRS 363D.160 Imposition; payment of tax; filing of return; extension of time for payment; payment of interest during period of extension. 1. For the privilege of engaging in a business in this State, an excise tax is hereby imposed upon the Nevada gross revenue of each business e…

NRS 363D.170 Deductions from gross revenue. In computing the tax owed by a business entity pursuant to this chapter, the business entity is entitled to deduct from its gross revenue the following amounts, to the extent such amounts are included in the gross revenue of the busines…

NRS 363D.180 Situsing. 1. In computing the tax owed by a business entity pursuant to this chapter, the gross revenue of the business entity, as adjusted pursuant to NRS 363D.170, must be sitused to this State in accordance with the following rules: (a) Gross rents and royalties f…

NRS 363D.190 Certification of excess amount collected; credit and refund. If the Department determines that any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the record…

NRS 363D.200 Limitations on claims for refund or credit; form and contents of claim; failure to file claim constitutes waiver; service of notice of rejection of claim. 1. Except as otherwise provided in NRS 360.235 and 360.395: (a) No refund may be allowed unless a claim for it i…

NRS 363D.210 Interest on overpayments; disallowance of interest. 1. Except as otherwise provided in this section, NRS 360.320 or any other specific statute, interest must be paid upon any overpayment of any amount of the tax imposed by this chapter at the rate set forth in, and i…

NRS 363D.220 Injunction or other process to prevent collection of tax prohibited; filing of claim is condition precedent to maintaining action for refund. 1. No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any cour…

NRS 363D.230 Action for refund: Period for commencement; venue; waiver. 1. Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by the Commission, the claimant may bring an action against the Department on the grounds set forth in the clai…

NRS 363D.240 Rights of claimant upon failure of Department to mail notice of action on claim; allocation of judgment for claimant. 1. If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallow…

NRS 363D.250 Allowance of interest in judgment for amount illegally collected. In any judgment, interest must be allowed at the rate of 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of cr…

NRS 363D.260 Standing to recover. A judgment may not be rendered in favor of the plaintiff in any action brought against the Department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other th…

NRS 363D.270 Action for recovery of erroneous refund: Jurisdiction; venue; prosecution. 1. The Department may recover a refund or any part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent ju…

NRS 363D.280 Cancellation of illegal determination. 1. If any amount in excess of $25 has been illegally determined, either by the Department or by the person filing the return, the Department shall certify that fact to the State Board of Examiners, and the latter shall authorize…

NRS 363D.290 Remittance of tax; deposit for credit to State Education Fund. 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the State under this chapter must be paid to the Department in the form of remittances payable to the Depar…

NRS 363D.300 Prohibited acts; penalty. 1. A person shall not: (a) Make, cause to be made or permit to be made any false or fraudulent return or declaration or false statement in any return or declaration with intent to defraud the State or to evade payment of the tax or any part …

NRS 363D.310 Remedies of State are cumulative. The remedies of the State provided for in this chapter are cumulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for w…