Assembly Bill No. 506–Assemblymen Marvel, Carpenter,
Brower, de Braga, Hettrick, Cegavske, Dini and Neighbors
March 12, 1999
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Joint Sponsors: Senators Rhoads, McGinness and Amodei
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Referred to Committee on Taxation
SUMMARY—Provides for distribution of taxes based on actual net proceeds of mines. (BDR 32-953)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 362.110 is hereby amended to read as follows: 362.110 1. Every person extracting any mineral in this state or1-3
receiving any royalty:1-4
(a) Shall, on or before February1-5
1-6
showing the gross yield and claimed net proceeds from each1-7
geographically separate operation where a mineral is extracted by that1-8
person during the calendar year immediately preceding the year in which1-9
the statement is filed.1-10
(b) May have up to1-11
the statement required by paragraph (a) to file an amended statement, if1-12
beforehand he makes written application to the department and the1-13
department finds good cause1-14
of the statement.2-1
2. The statement must:2-2
(a) Show the claimed deductions from the gross yield in the detail set2-3
forth in NRS 362.120. The deductions are limited to the costs incurred2-4
during the period covered by the statement.2-5
(b) Be in the form prescribed by the department.2-6
(c) Be verified by the manager, superintendent, secretary or treasurer of2-7
the corporation, or by the owner of the operation, or, if the owner is a2-8
natural person, by someone authorized in his behalf.2-9
3. Each recipient of a royalty as described in subsection 1 shall2-10
annually file with the department a list showing each of the lessees2-11
responsible for taxes due in connection with the operation or operations2-12
included in the statement filed pursuant to subsections 1 and 2.2-13
Sec. 2. NRS 362.115 is hereby amended to read as follows: 362.115 In addition to the statement required by subsection 1 of NRS2-15
362.110, each person extracting any mineral in this state shall, on or before2-16
April2-17
estimated gross yield and estimated net proceeds from each such operation2-18
for the entire current calendar year and an estimate of all royalties that will2-19
be paid during the current calendar year. The department shall use this2-20
statement only to prepare estimates for use by local governments in the2-21
preparation of budgets.2-22
Sec. 3. NRS 362.130 is hereby amended to read as follows: 362.130 1. When the department determines from the annual2-24
statement filed pursuant to NRS 362.110 the net proceeds of any minerals2-25
extracted, it shall prepare its certificate of the amount of the net proceeds2-26
and the tax due and shall send a copy to the owner of the mine, operator of2-27
the mine, or recipient of the royalty, as the case may be.2-28
2. The certificate must be prepared and mailed not later than April 202-29
immediately following the month of February during which the statement2-30
was filed.2-31
3. The tax due as indicated in the certificate prepared pursuant to this2-32
section must be paid on or before May 10 of the year in which the2-33
certificate is received.2-34
4. If the owner of the mine, operator of the mine, or recipient of the2-35
royalty paid taxes pursuant to subsection 1 or 2 of NRS 362.145, the2-36
certificate must indicate any deficiency remaining from the previous2-37
calendar year or any overpayment of the taxes made for the previous2-38
calendar year.2-39
5. Any deficiency remaining from the previous calendar year, as2-40
indicated on the certificate prepared pursuant to this section must be paid2-41
on or before May 10 of the year in which the certificate is received.3-1
6. If an overpayment was made and subsection 1 or 2 of NRS 362.1453-2
applies to the taxpayer for the current calendar year or the taxpayer3-3
chooses to pay the tax pursuant to subsection 1 or 2 of NRS 362.145 for3-4
the current calendar year,3-5
3-6
.3-7
3-8
of NRS 362.1453-9
calendar year and the tax is paid on or before May 10 of the next calendar3-10
year, the overpayment may be credited3-11
the certificate prepared pursuant to this section shows a net loss for the3-12
year covered by the certificate or an amount of tax due for that year3-13
which is less than an overpayment made for the preceding year, the3-14
amount or remaining amount of the overpayment must be refunded to3-15
the taxpayer within 30 days after the certification was sent to the3-16
taxpayer.3-17
Sec. 4. NRS 362.145 is hereby amended to read as follows: 362.145 1. If the net proceeds of a geographically separate extractive3-19
operation in any calendar year exceed $4,000,000, the tax upon the net3-20
proceeds for the next calendar year must be paid:3-21
(a) On or before August 1 for the net proceeds extracted from January 13-22
through June 30 of that year3-23
proceeds anticipated for the full calendar year; and3-24
(b) On or before3-25
3-26
3-27
3-28
net proceeds realized but not included in the calculation for the first half3-29
of that year.3-30
The rate of tax must be computed pursuant to NRS 362.140 on the basis of3-31
the best estimate of the taxpayer as to the rate that will be applicable for3-32
the current year. If the rate selected is different than the rate paid in the3-33
previous year, the taxpayer shall submit a brief explanation with the3-34
payment to justify the rate selected. If, upon investigation of the facts, the3-35
department determines that an inappropriate rate was used which resulted3-36
in an underpayment of the taxes due, the department shall immediately3-37
notify the taxpayer in writing of the deficiency. The taxpayer shall pay the3-38
deficiency within 10 days after receipt of such a notice.3-39
2. If the total amount of royalties paid by a geographically separate3-40
operation to a person in any calendar year exceeds $100,000, the recipient3-41
of the royalties shall pay the tax on the royalties for the next calendar year:4-1
(a) On or before August 1 for royalties paid from January 1 through4-2
June 30 of that year; and4-3
(b) On or before4-4
4-5
4-6
through December 31 of the preceding year.4-7
3. The tax upon the net proceeds for any other operation or on any4-8
other royalties may be paid pursuant to the requirements of subsection 1 or4-9
2.4-10
4. The taxpayer shall include with each payment made pursuant to this4-11
section a copy of the calculations by which the amount of the payment was4-12
determined, including , without limitation, the amount of net proceeds and4-13
the rate of tax.4-14
5. On or before March 15 of each year, the department shall provide a4-15
notice to each person to whom subsection 1 or 24-16
The notice must include a copy of this section and state that the department4-17
has determined that subsection 1 or 24-18
for the current calendar year. Failure to receive the notice required by this4-19
subsection does not excuse late payment or nonpayment.4-20
Sec. 5. NRS 362.170 is hereby amended to read as follows: 362.170 1. There is hereby appropriated to each county the total of4-22
the amounts obtained by multiplying, for each extractive operation situated4-23
within the county, the net proceeds of that operation and any royalties paid4-24
by that operation, by the combined rate of tax ad valorem, excluding any4-25
rate levied by the State of Nevada, for property at that site, plus a pro rata4-26
share of any penalties and interest collected by the department for the late4-27
payment of taxes distributed to the county. The department shall report to4-28
the state controller on or before February 15, May 254-29
4-30
as calculated for each operation from the final statement made in February4-31
of that year for the preceding calendar year and the statements filed4-32
pursuant to NRS 362.145. The state controller shall distribute all money4-33
due to a county on or before February 20, May 304-34
4-35
2. The county treasurer shall apportion to each local government or4-36
other local entity an amount calculated by:4-37
(a) Determining the total of the amounts obtained by multiplying, for4-38
each extractive operation situated within its jurisdiction, the net proceeds4-39
of that operation and any royalty payments paid by that operation, by the4-40
rate levied on behalf of that local government or other local entity;5-1
(b) Adding to the amount determined pursuant to paragraph (a) a pro5-2
rata share of any penalties and interest collected by the department for the5-3
late payment of taxes distributed to that local government or local entity;5-4
and5-5
(c) Subtracting from the amount determined pursuant to paragraph (b) a5-6
percentage commission of 3 percent of that amount which must be5-7
deposited in the county general fund.5-8
3. The amounts apportioned pursuant to subsection 2, including ,5-9
without limitation, the amount retained by the county and excluding the5-10
percentage commission, must be applied to the uses for which each levy5-11
was authorized in the same proportion as the rate of each levy bears to the5-12
total rate.5-13
4. The department shall report to the state controller on May 25 of5-14
each year the amount received as tax upon the net proceeds of geothermal5-15
resources which equals the product of those net proceeds multiplied by the5-16
rate of tax levied ad valorem by the State of Nevada.~