Amendment No. 245

Senate Amendment to Senate Bill No. 362 (BDR 32-219)

Proposed by: Committee on Taxation

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 2, by deleting:

"2 and 3" and inserting:

"2, 3 and 3.5".

Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:

"Sec. 3.5. The Nevada tax commission shall adopt regulations to carry out the provisions of sections 7 and 10 of this act.".

Amend sec. 4, page 2, by deleting lines 34 and 35 and inserting:

" 4.] any decision of the department that is:

(a) Appealed to the commission by a taxpayer pursuant to this section; or

(b) Reviewed by the commission pursuant to this section.".

Amend sec. 4, page 2, by deleting lines 41 and 42 and inserting:

"(a) Notice to be given to each county of any decision upon an appeal to the commission that".

Amend sec. 4, page 3, by deleting line 12 and inserting:

"accompanied by the names of the parties and the amount on appeal, if any, to".

Amend sec. 5, page 5, line 16, by deleting "section." and inserting:

"section or any applicable regulations.".

Amend sec. 5, page 5, line 18, after "Title" by inserting:

"or any applicable regulations.".

Amend sec. 7, page 5, by deleting lines 30 through 35 and inserting:

" 1. The executive director or his designee may waive taxes, penalties and interest owed by the taxpayer in an amount not to exceed $5,000; and

2. The Nevada tax commission may waive any such taxes, penalties and interest in an amount greater than $5,000.] or on an opinion of the attorney general:

(a) The department may waive any tax, penalty and interest owed by the taxpayer if the taxpayer meets the criteria adopted by regulation by the Nevada tax commission pursuant to section 3.5 of this act; and

(b) If a waiver is granted pursuant to paragraph (a), the department shall prepare and maintain on file a statement which contains:

(1) The reason for the waiver;

(2) The amount of the tax, penalty and interest owed by the taxpayer;

(3) The amount of the tax, penalty and interest waived by the department; and

(4) The facts and circumstances which led to the waiver.".

Amend sec. 8, page 6, by deleting lines 10 through 20 and inserting:

"the interest on underpayments.] any other reporting period within the audit period.

2. If it is determined that there is a net deficiency, any penalty imposed must be calculated based on the amount of the net deficiency.

3. If it is determined that:

(a) There is a net deficiency for a reporting period after offsetting any overpayment from any previous reporting period, any interest imposed on the net deficiency must be calculated before determining whether there is an overpayment or net deficiency for the next reporting period within the audit period.

(b) There is a net overpayment for a reporting period after offsetting any net deficiency from any previous reporting period, any interest to which the taxpayer is entitled must be calculated before determining whether there is an overpayment or net deficiency for the next reporting period within the audit period.

4. The provisions of this section do not apply if the taxpayer has submitted a report that shows taxes due and has not remitted the taxes due in a timely manner.

5. As used in this section, "reporting period" includes, without limitation, a calendar month, a calendar quarter, a calendar year and any other period for reporting.".

Amend sec. 10, page 7, line 2, by deleting "department" and inserting:

"Nevada tax commission".

Amend sec. 34, page 21, by deleting lines 8 through 11 and inserting:

"claim disallowed and file an appeal with a hearing officer within 45 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the hearing officer on appeal, he may, pursuant to the provisions of NRS 360.245, appeal the decision to the Nevada tax commission. If the claimant is aggrieved by the decision of the commission on appeal, he may, within 45 days after the decision is rendered, bring an action against".

Amend sec. 42, page 25, by deleting lines 18 through 21 and inserting:

"claim disallowed and file an appeal with a hearing officer within 45 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the hearing officer on appeal, he may, pursuant to the provisions of NRS 360.245, appeal the decision to the Nevada tax commission. If the claimant is aggrieved by the decision of the commission on appeal, he may, within 45 days after the decision is rendered, bring an action against".

Amend sec. 54, page 29, line 18, by deleting:

"and 11 to 53," and inserting:

"11 to 30, inclusive, 32 to 37, inclusive, and 39 to 53,".

Amend sec. 54, page 29, after line 21, by inserting:

"3. Sections 31 and 38 of this act become effective on July 1, 2000.".

Amend the title of the bill, sixth line, after "commission;" by inserting:

"requiring the department to adopt certain regulations;".