Nev. Admin. Code § 363C.210 — 363C.210

NAC 363C.210    Imposition; factors for determining whether person or entity is
business entity subject to filing requirement for Nevada Commerce Tax Return. ( NRS 360.090 , 363C.020 , 363C.100 )
1.  The commerce tax is a tax imposed on each
business entity engaging in a business in this State. To determine whether a
business entity is engaging in a business in this State, the Department must
consider the activities of the business entity and not the activities of other
entities in which the business entity owns an interest.
2.  Except as otherwise provided in
subsection 3 and chapter 363C of
NRS, for the purpose of determining whether a person or other entity is subject
to the commerce tax, a person or other entity is a business entity if the person
is:
(a) An entity organized pursuant to title 7 of NRS
or another equivalent statute of this State or another jurisdiction, other than
an entity organized pursuant to chapter 82
or 84 of NRS.
(b) A state, national, domestic or foreign bank,
whether organized under the laws of this State, another state or another
country, or under federal law.
(c) A savings and loan association or savings bank,
whether organized under the laws of this State, another state or another
country, or under federal law.
(d) A partnership governed by chapter 87 of NRS or another equivalent
statute of this State or another jurisdiction.
(e) A registered limited-liability partnership
registered with the Secretary of State pursuant to NRS 87.440 to 87.500 , inclusive.
(f) A business association.
(g) A joint venture, except a joint operating or
co-ownership arrangement which meets the requirements of 26 C.F.R. §
1.761-2(a)(3), Treas. Reg. § 1.761-2(a)(3), that elects out of federal partnership
treatment as provided by 26 U.S.C. § 761(a).
(h) A joint stock company.
(i) A holding company.
(j) A natural person who is required to file with
the Internal Revenue Service a:
(1) Schedule C (Form 1040), Profit or Loss
from Business, or its equivalent or successor form;
(2) Schedule E (Form 1040), Supplemental
Income and Loss, or its equivalent or successor form, if an activity of the
natural person is reported on Part I of that Schedule; or
(3) Schedule F (Form 1040), Profit or Loss
from Farming, or its equivalent or successor form.
(k) Any other person engaging in a business in this
State.
3.  For the purpose of determining whether a
person or other entity is subject to the commerce tax, a person or other entity
is not a business entity if the person or entity is listed in subsection 2 of NRS 363C.020 , regardless of
whether the person or entity is engaging in a business in this State.
4.  As used in this section:
(a) “Holding company” means an entity that confines
its activities to owning stock in, and supervising management of, other
companies.
(b) “Joint stock company” means a common-law
unincorporated business enterprise of natural persons possessing common capital
with ownership interests represented by shares of stock.
(c) “Joint venture” means a partnership engaged in
the joint prosecution of a particular transaction for mutual profit.
(Added to NAC by Tax Comm’n by R123-15, eff. 6-28-2016)