Nev. Admin. Code § 360.490 — 360.490

NAC 360.490    Claim for credit or refund: Authorization and requirements for
filing; action upon approval. ( NRS
360.090 , 372.725 , 374.725 )
1.  If a taxpayer has overpaid any tax
pursuant to chapter 372 or 374 of NRS, or any interest or penalty
relating thereto, the taxpayer may file a claim for a credit or refund with the
Department. The Department shall not consider such a claim unless the claim is
filed within the statutory period provided in NRS 372.635 or 374.640 , as appropriate.
2.  A claim for a credit or refund must
include documentation supporting the claim.
3.  If the overpayment is due to an error or
omission in a previously filed return, the claim should be in the form of an
amended return, as prescribed by the Department, for each period in which the
tax was originally reported. The amended return must specify the original
amounts reported, the correct amounts and the differences.
4.  The person requesting the credit or
refund must be the person who was legally obligated to remit the tax to the
Department or the person’s legal successor or authorized representative.
5.  Upon a determination by the Department
that an overpayment was made by the taxpayer and upon the approval of the State
Board of Examiners or board of county commissioners, as appropriate, the
Department shall issue a statement to the taxpayer allowing a credit in the
amount of the overpayment unless the taxpayer specifically requests a refund on
the claim. The credit may be applied to any future tax liability of the
taxpayer. If the taxpayer requests a refund, the Department shall issue a
refund to the taxpayer in an amount which is equal to the amount of the credit
owed to the taxpayer at the time the request for a refund is made. When
applicable, the Department shall deduct from the credit or refund an amount
equal to the amount deducted and withheld by the taxpayer for reimbursement
pursuant to NRS 372.370 or 374.375 , as appropriate, for the
cost of collecting the tax being credited or refunded in accordance with this
section.
(Added to NAC by Tax Comm’n by R032-03, eff. 10-30-2003)