[Rev. 11/21/2013 4:13:08 PM--2013]

[NAC-363A Revised Date: 10-06]

CHAPTER 363A - TAXES ON FINANCIAL INSTITUTIONS

GENERAL PROVISIONS

363A.010         Definitions.

363A.020         “Commission” defined.

363A.030         “Department” defined.

363A.040         “Division” defined.

363A.050         “Employer” defined.

363A.060         “Health care deduction” defined.

363A.070         “Indian tribe” defined.

363A.090         “Nonprofit organization” defined.

363A.100         “Political subdivision” defined.

363A.110         “Self-insured employer” defined.

ADMINISTRATION

363A.330         Maintenance and availability of records of employer.

IMPOSITION AND COLLECTION

Excise Tax on Banks

363A.350         “Bank” interpreted.

363A.360         Amount of tax due for calendar quarter.

Payroll Tax

363A.380         Registration of employer with Department; filing of returns and reports.

363A.400         Exemption of Indian tribes, nonprofit organizations and political subdivisions.

363A.420         Health care deduction: Depreciation of property by self-insured employer.

363A.430         Correction of errors in filed returns.

 

GENERAL PROVISIONS

      NAC 363A.010  Definitions. (NRS 360.090, 363A.070)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 363A.020 to 363A.110, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003; A by R194-05, 2-23-2006)

      NAC 363A.020  “Commission” defined. (NRS 360.090, 363A.070)  “Commission” means the Nevada Tax Commission.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.030  “Department” defined. (NRS 360.090, 363A.070)  “Department” means the Department of Taxation.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.040  “Division” defined. (NRS 360.090, 363A.070)  “Division” means the Employment Security Division of the Department of Employment, Training and Rehabilitation.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.050  “Employer” defined. (NRS 360.090, 363A.070)  “Employer” has the meaning ascribed to it in NRS 363A.030.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.060  “Health care deduction” defined. (NRS 360.090, 363A.070)  “Health care deduction” means the deduction allowed by NRS 363A.135.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003; A by R194-05, 2-23-2006)

      NAC 363A.070  “Indian tribe” defined. (NRS 360.090, 363A.070)  “Indian tribe” has the meaning ascribed to it in NRS 363A.030.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.090  “Nonprofit organization” defined. (NRS 360.090, 363A.070)  “Nonprofit organization” has the meaning ascribed to it in NRS 363A.030.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.100  “Political subdivision” defined. (NRS 360.090, 363A.070)  “Political subdivision” has the meaning ascribed to it in NRS 363A.030.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.110  “Self-insured employer” defined. (NRS 360.090, 363A.070)  “Self-insured employer” means an employer that provides a program of self-insurance for its employees.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

ADMINISTRATION

      NAC 363A.330  Maintenance and availability of records of employer. (NRS 360.090, 363A.070, 363A.080)  Each employer shall maintain and, upon the request of the Department, provide to the Department:

     1.  Copies of any reports filed with or submitted to the Division by the employer.

     2.  Copies of any records required to be maintained by the employer pursuant to NAC 612.020.

 

     3.  If the employer claims the health care deduction:

     (a) Records describing the nature and amount of any contributions for health insurance or an employee benefit plan made by any employees of the employer.

     (b) Proof of any payments for health insurance or a health benefit plan made by the employer.

     (c) A copy of any policy, agreement or other document describing:

          (1) Any health benefit for which the health care deduction is claimed, including, without limitation, the cost of the benefit; and

          (2) The number of employees covered under the applicable health insurance or health benefit plan.

     (d) Such records as are required to explain and verify any apportionment of payments between the employer and any of its employees for any pertinent health insurance or health benefit plan.

     4.  Any other records reasonably requested by the Department if:

     (a) The records are available to the employer; and

     (b) The disclosure of the records is not prohibited pursuant to NRS 49.225, 449.720, 683A.0873 or 689B.280, or any other state or federal law regarding the confidentiality of the records.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

IMPOSITION AND COLLECTION

Excise Tax on Banks

      NAC 363A.350  “Bank” interpreted. (NRS 360.090, 363A.070, 363A.120)  For the purposes of NRS 363A.120, the Commission interprets the term “bank” to exclude a federal land credit association, farm credit bank, agricultural credit association or similar institution organized under the provisions of the Farm Credit Act.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.360  Amount of tax due for calendar quarter. (NRS 360.090, 363A.070, 363A.120)

     1.  The entire amount of the excise tax imposed by NRS 363A.120 becomes due for all the branch offices in excess of one operated or otherwise maintained by a bank in any county in this State on the first day of a calendar quarter, regardless of whether the bank ceases to operate or otherwise maintain any of those branch offices during that calendar quarter.

     2.  If the operation or other maintenance of a branch office commences after the first day of a calendar quarter, no excise tax is due pursuant to the provisions of NRS 363A.120 for the branch office for that calendar quarter.

     3.  For the purposes of this section:

     (a) The operation or other maintenance of a branch office shall be deemed to commence on the date the branch office first opens for business to the public.

     (b) If the first day of a calendar quarter does not occur on a regular banking day for a bank, the bank shall be deemed to operate or otherwise maintain a branch office on that date if the bank:

          (1) Held the branch office open for business to the public at any time during the immediately preceding 5 regular banking days for the bank; and

          (2) Holds the branch office open for business to the public at any time during the immediately succeeding 5 regular banking days for the bank.

     4.  As used in this section, the words and terms defined in NRS 363A.120 have the meanings ascribed to them in that section.

     (Added to NAC by Dep’t of Taxation by R152-03, eff. 10-30-2003; A by Tax Comm’n by R194-05, 2-23-2006)

Payroll Tax

      NAC 363A.380  Registration of employer with Department; filing of returns and reports. (NRS 360.090, 363A.070, 363A.130)

     1.  An employer that fails to register with the Division pursuant to NRS 612.535 shall register with the Department for payment of the excise tax imposed by NRS 363A.130.

     2.  Each employer shall:

     (a) File with the Department each quarterly return required by paragraph (a) of subsection 3 of NRS 363A.130, regardless of whether any tax is due from the employer for that quarter; and

     (b) Provide to the Department, on such forms as the Department prescribes, any reports required by the Department for the administration or enforcement of this chapter or chapter 363A of NRS.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.400  Exemption of Indian tribes, nonprofit organizations and political subdivisions. (NRS 360.090, 363A.070)

     1.  An Indian tribe, a nonprofit organization or a political subdivision is exempt from the provisions of NRS 363A.130, regardless of whether the Indian tribe, nonprofit organization or political subdivision files a written election pursuant to NRS 612.565 or 612.570.

     2.  Any person who claims to be a nonprofit organization exempt from the provisions of NRS 363A.130 shall, upon the request of the Department:

     (a) If the person does not claim to be an exempt religious organization, provide to the Department a letter from the Internal Revenue Service indicating that the person has qualified as a tax-exempt organization pursuant to 26 U.S.C. § 501(c); or

     (b) If the person claims to be an exempt religious organization, provide to the Department such records as the Department deems necessary to demonstrate that the person meets the criteria to qualify as a religious organization pursuant to 26 U.S.C. § 501(c) and any federal regulations relating thereto.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.420  Health care deduction: Depreciation of property by self-insured employer. (NRS 360.090, 363A.070, 363A.135)  If a self-insured employer claims the depreciation of property as a direct administrative services cost for purposes of the health care deduction, the employer must compute that depreciation for each calendar quarter, beginning with the calendar quarter in which the property is first placed into service, according to a straight-line method which is based upon:

     1.  For tangible personal property other than a mobile home:

     (a) Ninety-five percent of the cost of acquisition of the property; and

     (b) A useful life determined in accordance with the Personal Property Manual adopted by the Commission for the period in which the property is first placed into service;

     2.  For a mobile home which has not been converted to real property:

     (a) Eighty percent of the cost of acquisition of the mobile home; and

     (b) A useful life of 15 years; and

     3.  For an improvement to real property:

     (a) Seventy-five percent of the cost of acquisition of the improvement; and

     (b) A useful life of 50 years.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)

      NAC 363A.430  Correction of errors in filed returns. (NRS 360.090, 363A.070, 363A.130)  If an employer files a return pursuant to paragraph (a) of subsection 3 of NRS 363A.130 which contains any errors, the employer shall:

     1.  File with the Department an amended or adjusted return which corrects those errors. Any corrections to:

     (a) The wages reported by the employer must be accompanied by an explanation of those corrections; and

     (b) Any health care deduction claimed by the employer must be supported by appropriate documentation and explained to the satisfaction of the Department.

     2.  Remit to the Department any applicable amount due.

     (Added to NAC by Tax Comm’n by R205-03, eff. 12-4-2003)