Assembly Bill No. 506–Assemblymen Marvel, Carpenter,
Brower, de Braga, Hettrick, Cegavske, Dini and Neighbors
March 12, 1999
____________
Joint Sponsors: Senators Rhoads, McGinness and Amodei
____________
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.
~
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 each geographically1-7
separate operation where a mineral is extracted by that person during the1-8
calendar year immediately preceding the year in which the statement is1-9
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.2-42
6. If an overpayment was made and subsection 1 or 2 of NRS 362.1452-43
applies to the taxpayer for the current calendar year or the taxpayer chooses3-1
to pay the tax pursuant to subsection 1 or 2 of NRS 362.145 for the current3-2
calendar year,3-3
toward the payment due on August 1 of the current calendar year .3-4
3-5
3-6
NRS 362.1453-7
calendar year and the tax is paid on or before May 10 of the next calendar3-8
year, the overpayment may be credited3-9
the certificate prepared pursuant to this section shows a net loss for the3-10
year covered by the certificate or an amount of tax due for that year3-11
which is less than an overpayment made for the preceding year, the3-12
amount or remaining amount of the overpayment must be refunded to3-13
the taxpayer within 30 days after the certification was sent to the3-14
taxpayer.3-15
Sec. 4. NRS 362.145 is hereby amended to read as follows: 362.145 1. If the net proceeds of a geographically separate extractive3-17
operation in any calendar year exceed $4,000,000, the tax upon the net3-18
proceeds for the next calendar year must be paid:3-19
(a) On or before August 1 for one-half of the net proceeds extracted3-20
from January 1 through June 30 of that year; and3-21
(b) On or before3-22
3-23
3-24
of the net proceeds extracted from January 1 through June 30 and for3-25
the net proceeds extracted from3-26
the preceding year.3-27
The rate of tax must be computed pursuant to NRS 362.140 on the basis of3-28
the best estimate of the taxpayer as to the rate that will be applicable for the3-29
current year. If the rate selected is different than the rate paid in the3-30
previous year, the taxpayer shall submit a brief explanation with the3-31
payment to justify the rate selected. If, upon investigation of the facts, the3-32
department determines that an inappropriate rate was used which resulted3-33
in an underpayment of the taxes due, the department shall immediately3-34
notify the taxpayer in writing of the deficiency. The taxpayer shall pay the3-35
deficiency within 10 days after receipt of such a notice.3-36
2. If the total amount of royalties paid by a geographically separate3-37
operation to a person in any calendar year exceeds $100,000, the recipient3-38
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 through3-40
June 30 of that year; and3-41
(b) On or before3-42
4-1
4-2
4-3
3. The tax upon the net proceeds for any other operation or on any4-4
other royalties may be paid pursuant to the requirements of subsection 1 or4-5
2.4-6
4. The taxpayer shall include with each payment made pursuant to this4-7
section a copy of the calculations by which the amount of the payment was4-8
determined, including , without limitation, the amount of net proceeds and4-9
the rate of tax.4-10
5. On or before4-11
provide a notice to each person to whom subsection 1 or 24-12
applies. The notice must include a copy of this section and state that the4-13
department has determined that subsection 1 or 24-14
that person for the current calendar year. Failure to receive the notice4-15
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: 362.170 1. There is hereby appropriated to each county the total of4-18
the amounts obtained by multiplying, for each extractive operation situated4-19
within the county, the net proceeds of that operation and any royalties paid4-20
by that operation, by the combined rate of tax ad valorem, excluding any4-21
rate levied by the State of Nevada, for property at that site, plus a pro rata4-22
share of any penalties and interest collected by the department for the late4-23
payment of taxes distributed to the county. The department shall report to4-24
the state controller on or before February 15, May 254-25
4-26
as calculated for each operation from the final statement made in February4-27
of that year for the preceding calendar year and the statements filed4-28
pursuant to NRS 362.145. The state controller shall distribute all money4-29
due to a county on or before4-30
August 204-31
2. The county treasurer shall apportion to each local government or4-32
other local entity an amount calculated by:4-33
(a) Determining the total of the amounts obtained by multiplying, for4-34
each extractive operation situated within its jurisdiction, the net proceeds of4-35
that operation and any royalty payments paid by that operation, by the rate4-36
levied on behalf of that local government or other local entity;4-37
(b) Adding to the amount determined pursuant to paragraph (a) a pro4-38
rata share of any penalties and interest collected by the department for the4-39
late payment of taxes distributed to that local government or local entity;4-40
and4-41
(c) Subtracting from the amount determined pursuant to paragraph (b) a4-42
percentage commission of 3 percent of that amount which must be4-43
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 the5-3
percentage commission, must be applied to the uses for which each levy5-4
was authorized in the same proportion as the rate of each levy bears to the5-5
total rate.5-6
4. The department shall report to the state controller on or before May5-7
25 of each year the amount received as tax upon the net proceeds of5-8
geothermal resources which equals the product of those net proceeds5-9
multiplied by the rate of tax levied ad valorem by the State of Nevada.~