Nevada Administrative Code Chapter 360 - Revenue and Taxation: Generally
Here’s a comprehensive overview of Nevada Administrative Code (NAC) Chapter 360 – Revenue and Taxation: Generally, which provides essential regulations for the administration and enforcement of tax laws in Nevada:
📌 1. Scope & Structure
NAC Chapter 360 lays out broad general provisions and detailed rules under subheadings such as:
Practice before the Nevada Tax Commission
Population estimation
Tax payment and collection
Liability compromise
Voluntary disclosure of failure to file
Installment agreements
Abatements, credits, refunds
Electronic filing and payment remittance
Property seizures
Distribution of tax proceeds
Audits
Transferable tax credits (e.g., film, affordable housing) (law.cornell.edu, leg.state.nv.us)
2. Voluntary Disclosure (§ 360.440–360.448)
Taxpayers who admit non-filing and apply under NAC 360.440 may avoid penalties/interest but must complete all steps: register, file returns, estimate/pay taxes, and submit documentation (tax.nv.gov).
Section 360.444 details when disclosure is not considered voluntary, e.g., failure to meet deadlines, register, file, pay, or substantially understate liability (>10% under-estimate) (law.cornell.edu).
These rules were recently amended (R152‑22A), most recently effective September 16, 2024 (law.cornell.edu).
3. Late Payment Penalty Waiver (§ 360.395–360.396)
The Department will waive or reduce penalties and interest for late payments when the combined amount is $15 or less (as of payment date) (casetext.com).
Enacted via regulatory amendments to clarify waiver scope (R158‑22, March 2024) (tax.nv.gov).
4. Installment Agreements (§ 360.450–360.464)
Taxpayers can request payment in installments.
Section 360.460 covers required Commission review when liability or payment term appears excessive (casetext.com).
5. Electronic Filing & Payment (§ 360.550+)
NAC includes provisions for electronic submission of returns and use of credit/debit cards for payment, aligning with NRS requirements (regulations.justia.com).
Specific regulations (e.g., Sections 360.Sec.11, 360.Sec.23) define taxable year periods for mining education tax and administrative procedures for electronic filings, updated under R130‑21A in Feb 2022 (regulations.justia.com).
6. Population Estimation & Tax Distribution
Guidelines cover how county/city populations are estimated for tax apportionment, including petition and hearing procedures .
7. Audits & Appeals
NAC establishes audit procedures and taxpayer due process rights, including petition for redetermination and subsequent hearing rights before administrative law judges and the Tax Commission (tax.nv.gov).
8. Tax Credits (Film & Affordable Housing)
Provisions (e.g., § 360.800+) outline administration of transferable tax credits for film production and affordable housing development (law.cornell.edu).
✅ Practical Summary Table
Topic | Highlights |
---|---|
Voluntary Disclosure | Steps required; ineligible if noncompliance or under-reporting (>10%) |
Penalty Waivers | Auto waiver if combined penalty/interest ≤ $15 |
Installment Plans | Available, with Commission oversight |
e-Filing & Payment | Full support for electronic submissions/payments |
Population Data | Regulates tax apportionment based on certified populations |
Audits & Appeals | Clear procedural path for disputes and hearings |
Tax Credi | Transferable credits for key economic sectors |
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