Nev. Admin. Code § 372.305 — 372.305

NAC 372.305    Motor vehicles originally bought for resale: Use or loan of motor
vehicle; sale of motor vehicle. ( NRS
360.090 , 372.725 )
1.  Except as otherwise provided in
subsections 2 and 3, if a vehicle dealer who purchases and gives a resale
certificate for a motor vehicle uses the motor vehicle or loans the motor
vehicle to any person, the use or loan of the motor vehicle is taxable to the
dealer and the measure of the tax is the purchase price of the motor vehicle by
the dealer.
2.  A use or loan described in subsection 1
is not taxable to the dealer if each use or loan of the motor vehicle by the
dealer is:
(a) Exempt from taxation pursuant to NRS 372.327 ; or
(b) Made for the purpose of retention,
demonstration or display of the motor vehicle while holding it for sale in the
regular course of business.
3.  The loan of a motor vehicle by a vehicle
dealer will be presumed to be made for the purpose of retention, demonstration
or display of the motor vehicle while holding it for sale in the regular course
of business if:
(a) The motor vehicle is being operated with a
special license plate issued by the Department of Motor Vehicles in accordance
with NRS 482.320 and 482.330 and NAC 482.032 to 482.048 , inclusive;
(b) The cumulative period of all the loans of the
motor vehicle by the dealer is less than 180 days; and
(c) The vehicle dealer maintains, and provides to
the Department upon request, a written record stating:
(1) The vehicle identification number and stock
number of the motor vehicle;
(2) The number of the special license plate;
and
(3) Each date on which the special license
plate was displayed on the motor vehicle.
4.  If the motor vehicle is sold following
its taxable use or loan pursuant to this section to a purchaser who receives
delivery of the motor vehicle in this State, the sales tax applies to the sales
price of the motor vehicle to the purchaser without any deduction or credit for
the use tax paid by the dealer pursuant to this section.
5.  As used in this section:
(a) “Dealer” or “vehicle dealer” has the meaning
ascribed to it in NRS 482.020 .
(b) “Loan” means the gratuitous transfer of
possession or control of a motor vehicle for a fixed or indeterminate term.
(c) “Motor vehicle” has the meaning ascribed to it
in NRS 482.075 .
(Added to NAC by Tax Comm’n by R129-13, eff. 10-24-2014)