Nevada Administrative Code — Title 32 (Revenue and Taxation)
Nev. Admin. Code § 372.765 — 372.765
NAC 372.765 Over-collection of tax. ( NRS
360.090 , 372.725 )
1. Any over-collection must, if possible, be
refunded by the retailer to the person from whom it was collected.
2. If an audit deficiency exists involving
any over-collection and the amount over-collected has not been paid to the
Department, the Department will credit the retailer if it is furnished with
satisfactory proof that a refund has been given as required by subsection 1.
The Department will not provide a credit for interest assessed on any
over-collection that is not reported or that is under-reported, but the
Executive Director may approve a credit of not more than 75 percent of the
penalty assessed if a refund is given as required by subsection 1.
3. A retailer shall:
(a) Use all practical methods to determine the
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 receiving notice from the
Department that a refund must be made, make an accounting to the Department of
all refunds paid. The accounting must be accompanied by any supporting
documents required by the Department.
4. Any over-collection that cannot be
refunded for any reason must be paid to the Department.
5. As used in this section,
over-collection means any money that is collected as tax on an exempt
transaction or that exceeds the amount provided in NAC 372.760 .
(Added to NAC by Dept of Taxation, eff. 8-2-90)
Source: official text