Nev. Rev. Stat. § 363C.70 — “Pass-through revenue” defined

1.  “Pass-through revenue” means:
(a) Revenue received by a business entity that is
required by law or fiduciary duty to be distributed to another person or
governmental entity;
(b) Taxes collected from a third party by a
business entity and remitted by the business entity to a taxing authority;
(c) Reimbursement for advances made by a business
entity on behalf of a customer or client, other than with respect to services
rendered or with respect to purchases of goods by the business entity in
carrying out the business in which it engages;
(d) Revenue received by a business entity that is
mandated by contract or subcontract to be distributed to another person or
entity if the revenue constitutes:
(1) Sales commissions that are paid to a
person who is not an employee of the business entity, including, without
limitation, a split-fee real estate commission;
(2) The tax basis of securities
underwritten by the business entity, as determined for the purposes of federal
income taxation; or
(3) Subcontracting payments under a contract
or subcontract entered into by a business entity to provide services, labor or
materials in connection with the actual or proposed design, construction,
remodeling, remediation or repair of improvements on real property or the
location of the boundaries of real property;
(e) Revenue received by a business entity that
provides legal services if the revenue received by the business entity is:
(1) Mandated by law, fiduciary duty or
contract to be distributed to a claimant by the claimant’s attorney or to
another person or entity on behalf of a claimant by the claimant’s attorney,
including, without limitation, revenue received:
(I) For damages due to a client
represented by the business entity;
(II) That is subject to a lien or
other contractual obligation arising out of the representation provided by the
business entity, other than fees owed to the business entity for the provision
of legal services;
(III) That is subject to a
subrogation interest or other third-party contractual claim; and
(IV) That is required to be paid to
another attorney who provided legal services in a matter and who is not a
member, partner, shareholder or employee of the business entity; and
(2) Reimbursement of the expenses incurred
by the business entity in providing legal services to a claimant that are
specific to the claimant’s matter and that are not general operating expenses
of the business entity; or
(f) Revenue received by a business entity that is
part of an affiliated group from another member of the affiliated group.
2.  As used in this section:
(a) “Affiliated group” means a group of two or
more business entities, including, without limitation, a business entity
described in subsection 2 of NRS 363C.020 ,
each of which is controlled by one or more common owners or by one or more
members of the group.
(b) “Controlled by” means the direct or indirect
ownership, control or possession of 50 percent or more of a business entity.
(c) “Sales commission” means:
(1) Any form of compensation paid to a
person for engaging in an act for which a license is required pursuant to chapter 645 of NRS; or
(2) Compensation paid to a sales
representative by a principal in an amount that is based on the amount or level
of orders for or sales on behalf of the principal and that the principal is
required to report on Internal Revenue Service Form 1099-MISC, Miscellaneous
Income.