Nevada Revised Statutes — Title 32 (Revenue and Taxation)
Nev. Rev. Stat. § 374.353 — Claim of exemption: Nonprofit organization created for religious, charitable or educational purposes; Department required to provide explanation of reasons to nonprofit organization not qualified for exemption; biennial report to Legislature by Department concerning applications for exemption
NRS 374.353 Claim of exemption: Nonprofit organization created for
religious, charitable or educational purposes; Department required to provide
explanation of reasons to nonprofit organization not qualified for exemption;
biennial report to Legislature by Department concerning applications for
exemption.
1. Any nonprofit organization created for
religious, charitable or educational purposes that wishes to claim an exemption
pursuant to NRS 374.3305 must file an
application with the Department to obtain a letter of exemption. The
application must be on a form and contain such information as is required by
the Department.
2. If the Department determines that the
organization is created for religious, charitable or educational purposes, it
shall issue a letter of exemption to the organization. The letter of exemption
expires 5 years after the date on which it is issued by the Department. At
least 90 days before the expiration of the letter of exemption, the Department
shall notify the organization to whom the letter was issued of the date on
which the letter will expire. The organization may renew its letter of
exemption for an additional 5 years by filing an application for renewal with
the Department. The application for renewal must be on a form and contain such
information as is required by the Department.
3. If the Department determines that the
organization is not created for religious, charitable or educational purposes,
or otherwise does not meet the requirements to receive the exemption, the
Department shall provide the organization with a full explanation outlining the
reasons why the organization does not qualify for the exemption and the
procedure to appeal the determination.
4. The Department shall, on or before
January 15 of each odd-numbered year, submit to the Director of the Legislative
Counsel Bureau for transmittal to the next session of the Legislature a report
which must include, for the immediately preceding biennium:
(a) Any processes and techniques for reviewing
applications for an exemption submitted pursuant to this section;
(b) The number of applications submitted pursuant
to this section;
(c) The number of applications approved;
(d) The number of applications denied;
(e) The total number of organizations that
received an exemption pursuant to NRS
374.3305 ; and
(f) Any other relevant information.
5. To claim an exemption pursuant to NRS 374.3305 for the sale of tangible
personal property to such an organization:
(a) The organization must give a copy of its
letter of exemption to the retailer from whom the organization purchases the
property; and
(b) The retailer must retain and present upon
request a copy of the letter of exemption.
6. The Department shall adopt such
regulations as are necessary to carry out the provisions of this section.
Source: official text