2001 REGULAR SESSION (71st) A AB361 85
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 the bill as a whole by renumbering sections 3 and 4 as sections 5 and 6 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and shall send a copy to the owner of the mine, operator of the mine, or recipient of the royalty, as the case may be.
2. The certificate must be prepared and mailed not later than April 20 immediately following the month of February during which the statement was filed.
3. The tax due as indicated in the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.
4. [If the owner of the mine, operator of the mine, or recipient of the royalty paid taxes pursuant to subsection 1 or 2 of NRS 362.145, the certificate must indicate any deficiency remaining from the previous calendar year or any overpayment of the taxes made for the previous calendar year.
5. Any deficiency remaining from the previous calendar year, as indicated on the certificate prepared pursuant to this section must be paid on or before May 10 of the year in which the certificate is received.
6.] If an overpayment was made , [and subsection 1 or 2 of NRS 362.145 applies to the taxpayer for the current calendar year or the taxpayer chooses to pay the tax pursuant to subsection 1 or 2 of NRS 362.145 for the current calendar year,] the overpayment may be credited toward the payment due on [August 1 of the current calendar year. If neither subsection 1 nor subsection 2 of NRS 362.145 applies to the taxpayer for the current calendar year and the tax is paid on or before] May 10 of the next calendar year . [, the overpayment may be credited toward that payment.] If the certificate prepared pursuant to this section shows a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.
Sec. 4. NRS 362.170 is hereby amended to read as follows:
362.170 1. There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to the county. The department shall report to the state controller on or before [February 28,] May 25 [and August 15] of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year . [and the statements filed pursuant to NRS 362.145.] The state controller shall distribute all money due to a county on or before [March 5,] May 30 [and August 20] of each year.
2. The county treasurer shall apportion to each local government or other local entity an amount calculated by:
(a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;
(b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the department for the late payment of taxes distributed to that local government or local entity; and
(c) Subtracting from the amount determined pursuant to paragraph (b) a [percentage] commission of 3 percent of that amount which must be deposited in the county general fund.
3. The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.
4. The department shall report to the state controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.”.
Amend sec. 3, page 3, line 37, by deleting “is” and inserting:
“and 362.145 are”.
Amend the text of repealed sections by adding the text of NRS 362.145.
Amend the title of the bill to read as follows:
“AN ACT relating to taxation; revising the provisions governing the reporting requirements, payment schedules and collection procedures for the tax on the net proceeds of minerals; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing tax on net proceeds of minerals. (BDR 32‑1078)”.