Nevada Administrative Code — Title 32 (Revenue and Taxation)
Nev. Admin. Code § 361.590 — 361.590
NAC 361.590 Waiver or reduction of penalty or interest. ( NRS 360.090 , 360.419 )
1. The Department may waive or reduce the
penalty or interest for a delinquent payment of property tax which is imposed
pursuant to NRS 361.483 and 361.535 if it finds that the
proximate cause of the delinquent payment was:
(a) Circumstances completely beyond the control of
the taxpayer who was required to make the payment, or the agent of the taxpayer;
(b) Justifiable neglect or justifiable
inadvertence, and that the taxpayer making the payment has no history of
habitually delinquent payments; or
(c) For other good cause shown.
2. Any application for waiver or reduction
of the penalty or interest for delinquent payment must be filed in writing
under oath with the Department within 60 days after the date the tax is due
setting forth the circumstances which caused the delinquent payment. The
Department shall provide a copy of the application to the county tax receiver
who may, within 15 days, submit relevant information regarding the application
to the Department. The Department will provide notice to the tax receiver and
the taxpayer, or the agent of the taxpayer, of its determination. The notice
will specify any action that the Department has directed must be taken.
3. In determining whether or not the
circumstances which caused the delinquent payment in any particular case were
completely beyond the control of the taxpayer required to make the payment, or
the agent of the taxpayer, the Department shall consider only evidence which
shows that the delinquent payment was proximately caused by fire, earthquake,
flood or other acts of God, theft or similar causes not directly related to the
actions of the taxpayer who was required to make the payment, or the agent of
the taxpayer, whether intentional or not, and that the tax was paid as soon as
reasonably possible thereafter. In these circumstances, all of the penalty or
interest, or both, will be waived.
4. If the Department finds that the
proximate cause of a delinquent payment was justifiable neglect or justifiable
inadvertence, and that the tax was paid as soon as reasonably possible
thereafter, the penalty or interest imposed for the delinquent payment will be
reduced to a total of not more than 50 percent of the penalty or interest
imposed.
5. In determining whether the proximate
cause of the delinquent payment was for other good cause shown, the Department
will require the taxpayer to submit, without limitation, evidence that the tax
was paid as soon as reasonably possible and that the assessment of penalties
and interest:
(a) Constitutes an extreme financial hardship; or
(b) Is extremely unfair or extremely inequitable
under the circumstances.
6. As used in this section, extreme
financial hardship means that the taxpayer who owes the tax has the present
ability to pay the tax but payment of the penalties and interest will render
the taxpayer insolvent.
(Added to NAC by Tax Commn, eff. 9-6-96)—(Substituted
in revision for NAC 361.610)
Assignment of Tax Liens by County Treasurers
Source: official text