Nevada Revised Statutes — Title 32 (Revenue and Taxation)
Nev. Rev. Stat. § 363C.20 — Business entity defined
1. Except as otherwise provided in
subsection 2, business entity means a corporation, partnership,
proprietorship, limited-liability company, business association, joint venture,
limited-liability partnership, business trust, professional association, joint
stock company, holding company and any other person engaged in a business.
2. Business entity does not include:
(a) Any person or other entity which this State
is prohibited from taxing pursuant to the Constitution or laws of the United
States or the Nevada Constitution.
(b) A natural person, unless that person is
engaging in a business and is required to file with the Internal Revenue
Service a Schedule C (Form 1040), Profit or Loss from Business, or its
equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and
Loss, or its equivalent or successor form, or a Schedule F (Form 1040), Profit
or Loss from Farming, or its equivalent or successor form, for that business.
(c) A governmental entity.
(d) A nonprofit religious, charitable, fraternal
or other organization that qualifies as a tax-exempt organization pursuant to
26 U.S.C. § 501(c).
(e) A business entity organized pursuant to chapter 82 or 84
of NRS.
(f) A credit union organized under the provisions
of chapter 672 of NRS or the Federal Credit
Union Act.
(g) A grantor trust as defined by section 671 and
7701(a)(30)(E) of the Internal Revenue Code, 26 U.S.C. §§ 671 and
7701(a)(30)(E), all of the grantors and beneficiaries of which are natural
persons or charitable entities as described in section 501(c)(3) of the
Internal Revenue Code, 26 U.S.C. § 501(c)(3), excluding a trust taxable as a
business entity pursuant to 26 C.F.R. § 301.7701-4(b).
(h) An estate of a natural person as defined by
section 7701(a)(30)(D) of the Internal Revenue Code, 26 U.S.C. §
7701(a)(30)(D), excluding an estate taxable as a business entity pursuant to 26
C.F.R. § 301.7701-4(b).
(i) A real estate investment trust, as defined by
section 856 of the Internal Revenue Code, 26 U.S.C. § 856, and its qualified
real estate investment trust subsidiaries, as defined by section 856(i)(2) of
the Internal Revenue Code, 26 U.S.C. § 856(i)(2), except that:
(1) A real estate investment trust with
any amount of its assets in direct holdings of real estate, other than real
estate it occupies for business purposes, as opposed to holding interests in
limited partnerships or other entities that directly hold the real estate, is a
business entity pursuant to this section; and
(2) A limited partnership or other entity
that directly holds the real estate as described in subparagraph (1) is a
business entity pursuant to this section, without regard to whether a real
estate investment trust holds an interest in it.
(j) A real estate mortgage investment conduit, as
defined by section 860D of the Internal Revenue Code, 26 U.S.C. § 860D.
(k) A trust qualified under section 401(a) of the
Internal Revenue Code, 26 U.S.C. § 401(a).
(l) A passive entity.
(m) A person whose activities within this State
are confined to the owning, maintenance and management of the persons
intangible investments or of the intangible investments of persons or statutory
trusts or business trusts registered as investment companies under the
Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., as amended, and the
collection and distribution of the income from such investments or from
tangible property physically located outside this State. For the purposes of
this paragraph, intangible investments includes, without limitation,
investments in stocks, bonds, notes and other debt obligations, including,
without limitation, debt obligations of affiliated corporations, real estate
investment trusts, patents, patent applications, trademarks, trade names and
similar types of intangible assets or an entity that is registered as an
investment company under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1
et seq.
(n) A person who takes part in an exhibition,
trade show, industry or corporate meeting or similar event held in this State
for a purpose related to the conduct of a business, including, without
limitation, an organizer, manager or sponsor of such an event or an exhibitor
at such an event.
(o) A person engaged in the business of
extracting gold or silver in this State.
Source: official text