Nev. Admin. Code § 368A.525 — 368A.525

NAC 368A.525    Over-collection of tax: Duties of taxpayer and Board; refund to
patron; payment of over-collection to Board under certain circumstances. ( NRS 368A.140 )
1.  Any over-collection must, if possible, be
refunded by the taxpayer to the patron from whom it was collected.
2.  The taxpayer shall:
(a) Use all practical methods to determine any
amount to be refunded pursuant to subsection 1 and the name and address of the
person to whom the refund is to be made.
(b) Within 60 days after reporting to the Board
that a refund must be made, make an accounting to the Board of all refunds
paid. The accounting must be accompanied by any supporting documents required
by the Board.
3.  If a taxpayer is unable for any reason to
refund an over-collection, the taxpayer shall pay the over-collection to the
Board for deposit in the State Treasury for credit to the State General Fund.
4.  If an audit of a taxpayer reveals the
existence of an over-collection, the Board shall:
(a) Credit the over-collection toward any
deficiency that results from the audit, if the taxpayer furnishes the Board
with satisfactory evidence that the taxpayer has refunded the over-collection
as required by subsection 1.
(b) Within 60 days after receiving notice from the
Board that a refund must be made, seek an accounting of all refunds paid. The
accounting must be accompanied by any supporting documents required by the
Board.
5.  As used in this section,
“over-collection” means any amount collected as a tax on live entertainment
that is exempt from taxation pursuant to subsection 4 of NRS 368A.200 or any amount in
excess of the amount of the applicable tax as computed in accordance with
subsections 1, 2 and 3 of NRS
368A.200 .
(Added to NAC by Gaming Comm’n by R104-15, eff. 11-2-2016)