Nev. Admin. Code § 360.485 — 360.485

NAC 360.485    Standards for use by Department in determining whether
overpayment was made intentionally or by reason of carelessness. ( NRS 360.090 , 360.200 )    For the
purposes of NRS 363A.170 , 363B.160 , 363C.620 , 368A.270 , 372.665 , 372A.320 , 372B.200 and 374.670 , an overpayment of a tax
imposed by chapter 363A , 363B , 363C , 368A , 372 ,
372A , 372B or 374 of NRS, as applicable, and
administered by the Department was made:
1.  Intentionally if the overpayment was made
for any reason other than a good-faith belief that the taxpayer owed the tax
and paid the amount of tax owed by the taxpayer.
2.  By reason of carelessness if the
overpayment is the result of the failure of the taxpayer to make reasonable and
prudent efforts to avoid the overpayment. Such reasonable and prudent efforts
may include, without limitation:
(a) Maintaining accurate and complete books and
records;
(b) Correcting errors in the computation of the tax
which were identified by an audit conducted before the overpayment;
(c) Investigating the taxability of transactions
during an audit when the overpayment was reasonably identifiable;
(d) Ceasing to make overpayments after receiving a
refund for a prior overpayment involving the same or similar issues;
(e) Ceasing to make overpayments resulting from
repeated transactions or transactions of a similar type when the taxability of
the transactions is governed by a regulation or law that is commonly followed
in the taxpayer’s industry, trade or practice and the transactions are
conducted over a period of time of sufficient length that a reasonable person
would have discovered and corrected the issue causing the overpayment;
(f) Seeking an advisory opinion or other written
advice from the Department concerning an interpretation of law when the
taxpayer is unsure of the correct interpretation of the law; and
(g) Seeking advice on complex tax matters from a
certified public accountant certified to practice in this State pursuant to chapter 628 of NRS or any other person who
is certified or licensed in this State to practice a profession the members of
which engage in the provision of advice on tax matters and who has knowledge
of, or experience in, tax matters.
(Added to NAC by Tax Comm’n by R143-18, eff. 12-19-2018)
Sales and Use Taxes