Nev. Admin. Code § 363C.250 — 363C.250

NAC 363C.250    Waiver or reduction of penalty and interest for estimated
returns; disallowance of interest on overpayment made intentionally or by
reason of carelessness. ( NRS 360.090 , 360.419 )
1.  In addition to the grounds for a waiver
or reduction of the penalty and interest for a late payment of the commerce tax
set forth in NAC 360.396 , the
Department may waive or reduce a penalty or interest, or both, for a late
payment of the commerce tax if the Nevada Commerce Tax Return was timely filed
pursuant to subsection 2 of NRS
363C.200 , and the Department determines that the late payment was made
because, in calculating the Nevada gross revenue of the taxpayer, the taxpayer
or the taxpayer’s agent relied on:
(a) The commerce tax calculations of the taxpayer
for the taxable year immediately preceding the taxable year for which the
commerce tax was paid; or
(b) Federal income tax calculations of the taxpayer
for the most recent federal tax year of the taxpayer.
2.  In determining whether to waive or reduce
the penalty or interest, or both, for a late payment pursuant to subsection 1,
the Department may consider whether the Nevada gross revenue reported on the
taxpayer’s Nevada Commerce Tax Return is the same as, or similar to, the:
(a) Nevada gross revenue reported on the Nevada
Commerce Tax Return of the taxpayer for the taxable year immediately preceding
the taxable year for which the commerce tax was paid; or
(b) The revenue reported on the federal income tax return
of the taxpayer for the most recent taxable year of the taxpayer.
3.  A taxpayer or the taxpayer’s agent may
request the waiver or reduction of the penalty or interest, or both, pursuant
to subsection 1 by submitting to the Department the federal income tax return
or Nevada Commerce Tax Return on which the taxpayer or taxpayer’s agent relied
and a written statement signed under oath by the taxpayer or the taxpayer’s
agent which establishes that the taxpayer qualifies for the relief requested.
4.  The Department shall not consider a
request made pursuant to subsection 3 until the taxpayer has paid in full the
commerce tax upon which the interest or penalty is assessed.
5.  If an overpayment of the commerce tax was
made because, in calculating the Nevada gross revenue of the taxpayer, the
taxpayer or the taxpayer’s agent relied on the information described in
paragraph (a) or (b) of subsection 1, the overpayment must be deemed to be made
intentionally or by reason of carelessness for the purposes of NRS 363C.620 , and the Department
must not allow any interest on the overpayment.
(Added to NAC by Tax Comm’n by R123-15, eff. 6-28-2016)
Situsing of Certain Gross Revenue to This State