Nev. Admin. Code § 372.735 — 372.735

NAC 372.735    Establishment of exemption; improper claim of exemption. ( NRS 360.090 , 360.200 ,
360B.110 ,
372.725 ,
374.725 )
1.  To establish that the gross receipts from
a sale of tangible personal property or the sales price of such property is not
subject to the sales or use tax, a seller may:
(a) Not later than 90 days after the date of the
pertinent sale, obtain from the purchaser:
(1) A copy of the appropriate letter of
exemption issued by the Department;
(2) A fully completed certificate of
exemption; or
(3) The information required to complete fully
a certificate of exemption; or
(b) Not later than 120 days after receiving a
request for substantiation from the Department:
(1) Obtain from the purchaser a fully
completed certificate of exemption; or
(2) Prove by other means that the transaction
was not subject to the tax.
2.  A certificate of exemption need not be
provided in a paper format. If provided in a paper format, the document must be
signed by the purchaser.
3.  A separate certificate of exemption need
not be obtained for each sale. The Commission will recognize blanket
certificates of exemption if given in advance to cover all orders except those
orders which specify otherwise.
4.  A fully completed certificate of
exemption or the information required to complete fully a certificate of
exemption must be maintained by the seller and provided to the Department upon
request.
5.  If a purchaser improperly claims an
exemption:
(a) The purchaser is liable for the payment of the
applicable tax; and
(b) A seller who complies with the provisions of
this section is not liable for the payment of the applicable tax unless:
(1) The purchaser fails to pay the tax; and
(2) The seller fraudulently failed to collect
the tax or solicited the purchaser to participate in an unlawful claim of an
exemption.
6.  For the purposes of this section,
“certificate of exemption” means any form for a certificate of exemption which
the Department has determined:
(a) Satisfies the requirements of the Streamlined
Sales and Use Tax Agreement; and
(b) Is suitable for this State.
Ê The term does
not include a certificate claiming an exemption on the basis that the property
is purchased for resale.
(Added to NRS by Tax Comm’n by R106-09, eff. 11-25-2009)