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—Makes various changes regarding tax on net proceeds of minerals. (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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to taxation; revising the schedule for payment and refunds of the tax on the net proceeds of minerals; and providing other matters properly relating thereto.

 

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:

1-2 362.110 1. Every person extracting any mineral in this state or

1-3 receiving any royalty:

1-4 (a) Shall, on or before February [1] 16 of each year, [except as

1-5 otherwise provided in paragraph (b),] file with the department a statement

1-6 showing the gross yield and claimed net proceeds from each geographically

1-7 separate operation where a mineral is extracted by that person during the

1-8 calendar year immediately preceding the year in which the statement is

1-9 filed.

1-10 (b) May have up to [15 additional days to file the] 30 days after filing

1-11 the statement required by paragraph (a) to file an amended statement, if

1-12 beforehand he makes written application to the department and the

1-13 department finds good cause [for the extension.] to allow the amendment

1-14 of the statement.

2-1 2. The statement must:

2-2 (a) Show the claimed deductions from the gross yield in the detail set

2-3 forth in NRS 362.120. The deductions are limited to the costs incurred

2-4 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 of

2-7 the corporation, or by the owner of the operation, or, if the owner is a

2-8 natural person, by someone authorized in his behalf.

2-9 3. Each recipient of a royalty as described in subsection 1 shall

2-10 annually file with the department a list showing each of the lessees

2-11 responsible for taxes due in connection with the operation or operations

2-12 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:

2-14 362.115 In addition to the statement required by subsection 1 of NRS

2-15 362.110, each person extracting any mineral in this state shall, on or before

2-16 April [30] 1 of each year, file with the department a statement showing the

2-17 estimated gross yield and estimated net proceeds from each such operation

2-18 for the entire current calendar year and an estimate of all royalties that will

2-19 be paid during the current calendar year. The department shall use this

2-20 statement only to prepare estimates for use by local governments in the

2-21 preparation of budgets.

2-22 Sec. 3. NRS 362.130 is hereby amended to read as follows:

2-23 362.130 1. When the department determines from the annual

2-24 statement filed pursuant to NRS 362.110 the net proceeds of any minerals

2-25 extracted, it shall prepare its certificate of the amount of the net proceeds

2-26 and the tax due and shall send a copy to the owner of the mine, operator of

2-27 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 20

2-29 immediately following the month of February during which the statement

2-30 was filed.

2-31 3. The tax due as indicated in the certificate prepared pursuant to this

2-32 section must be paid on or before May 10 of the year in which the

2-33 certificate is received.

2-34 4. If the owner of the mine, operator of the mine, or recipient of the

2-35 royalty paid taxes pursuant to subsection 1 or 2 of NRS 362.145, the

2-36 certificate must indicate any deficiency remaining from the previous

2-37 calendar year or any overpayment of the taxes made for the previous

2-38 calendar year.

2-39 5. Any deficiency remaining from the previous calendar year, as

2-40 indicated on the certificate prepared pursuant to this section must be paid

2-41 on or before May 10 of the year in which the certificate is received.

2-42 6. If an overpayment was made and subsection 1 or 2 of NRS 362.145

2-43 applies to the taxpayer for the current calendar year or the taxpayer chooses

3-1 to pay the tax pursuant to subsection 1 or 2 of NRS 362.145 for the current

3-2 calendar year, [one-half of] the overpayment may be credited [towards]

3-3 toward the payment due on August 1 of the current calendar year . [and

3-4 one-quarter may be credited towards each of the other two payments due

3-5 for the current calendar year.] If neither subsection 1 nor subsection 2 of

3-6 NRS 362.145 [is applicable] applies to the taxpayer for the current

3-7 calendar year and the tax is paid on or before May 10 of the next calendar

3-8 year, the overpayment may be credited [towards] toward that payment. If

3-9 the certificate prepared pursuant to this section shows a net loss for the

3-10 year covered by the certificate or an amount of tax due for that year

3-11 which is less than an overpayment made for the preceding year, the

3-12 amount or remaining amount of the overpayment must be refunded to

3-13 the taxpayer within 30 days after the certification was sent to the

3-14 taxpayer.

3-15 Sec. 4. NRS 362.145 is hereby amended to read as follows:

3-16 362.145 1. If the net proceeds of a geographically separate extractive

3-17 operation in any calendar year exceed $4,000,000, the tax upon the net

3-18 proceeds for the next calendar year must be paid:

3-19 (a) On or before August 1 for one-half of the net proceeds extracted

3-20 from January 1 through June 30 of that year; and

3-21 (b) On or before [November 1 for the net proceeds extracted from July 1

3-22 through September 30 of that year; and

3-23 (c) On or before February 1] February 16 for the remaining one-half

3-24 of the net proceeds extracted from January 1 through June 30 and for

3-25 the net proceeds extracted from [October] July 1 through December 31 of

3-26 the preceding year.

3-27 The rate of tax must be computed pursuant to NRS 362.140 on the basis of

3-28 the best estimate of the taxpayer as to the rate that will be applicable for the

3-29 current year. If the rate selected is different than the rate paid in the

3-30 previous year, the taxpayer shall submit a brief explanation with the

3-31 payment to justify the rate selected. If, upon investigation of the facts, the

3-32 department determines that an inappropriate rate was used which resulted

3-33 in an underpayment of the taxes due, the department shall immediately

3-34 notify the taxpayer in writing of the deficiency. The taxpayer shall pay the

3-35 deficiency within 10 days after receipt of such a notice.

3-36 2. If the total amount of royalties paid by a geographically separate

3-37 operation to a person in any calendar year exceeds $100,000, the recipient

3-38 of the royalties shall pay the tax on the royalties for the next calendar year:

3-39 (a) On or before August 1 for royalties paid from January 1 through

3-40 June 30 of that year; and

3-41 (b) On or before [November 1 for royalties paid from July 1 through

3-42 September 30 of that year; and

4-1 (c) On or before February 1] February 16 for royalties paid from

4-2 [October] July 1 through December 31 of the preceding year.

4-3 3. The tax upon the net proceeds for any other operation or on any

4-4 other royalties may be paid pursuant to the requirements of subsection 1 or

4-5 2.

4-6 4. The taxpayer shall include with each payment made pursuant to this

4-7 section a copy of the calculations by which the amount of the payment was

4-8 determined, including , without limitation, the amount of net proceeds and

4-9 the rate of tax.

4-10 5. On or before [March] April 15 of each year, the department shall

4-11 provide a notice to each person to whom subsection 1 or 2 [is applicable.]

4-12 applies. The notice must include a copy of this section and state that the

4-13 department has determined that subsection 1 or 2 [is applicable] applies to

4-14 that person for the current calendar year. Failure to receive the notice

4-15 required by this subsection does not excuse late payment or nonpayment.

4-16 Sec. 5. NRS 362.170 is hereby amended to read as follows:

4-17 362.170 1. There is hereby appropriated to each county the total of

4-18 the amounts obtained by multiplying, for each extractive operation situated

4-19 within the county, the net proceeds of that operation and any royalties paid

4-20 by that operation, by the combined rate of tax ad valorem, excluding any

4-21 rate levied by the State of Nevada, for property at that site, plus a pro rata

4-22 share of any penalties and interest collected by the department for the late

4-23 payment of taxes distributed to the county. The department shall report to

4-24 the state controller on or before February 15, May 25 [,] and August 15

4-25 [and November 15] of each year the amount appropriated to each county,

4-26 as calculated for each operation from the final statement made in February

4-27 of that year for the preceding calendar year and the statements filed

4-28 pursuant to NRS 362.145. The state controller shall distribute all money

4-29 due to a county on or before [February 20,] March 5, May 30 [,] and

4-30 August 20 [and November 20] of each year.

4-31 2. The county treasurer shall apportion to each local government or

4-32 other local entity an amount calculated by:

4-33 (a) Determining the total of the amounts obtained by multiplying, for

4-34 each extractive operation situated within its jurisdiction, the net proceeds of

4-35 that operation and any royalty payments paid by that operation, by the rate

4-36 levied on behalf of that local government or other local entity;

4-37 (b) Adding to the amount determined pursuant to paragraph (a) a pro

4-38 rata share of any penalties and interest collected by the department for the

4-39 late payment of taxes distributed to that local government or local entity;

4-40 and

4-41 (c) Subtracting from the amount determined pursuant to paragraph (b) a

4-42 percentage commission of 3 percent of that amount which must be

4-43 deposited in the county general fund.

5-1 3. The amounts apportioned pursuant to subsection 2, including ,

5-2 without limitation, the amount retained by the county and excluding the

5-3 percentage commission, must be applied to the uses for which each levy

5-4 was authorized in the same proportion as the rate of each levy bears to the

5-5 total rate.

5-6 4. The department shall report to the state controller on or before May

5-7 25 of each year the amount received as tax upon the net proceeds of

5-8 geothermal resources which equals the product of those net proceeds

5-9 multiplied by the rate of tax levied ad valorem by the State of Nevada.

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