1. If a person is delinquent in the payment of any tax or fee administered by the Department or has not paid the amount of a deficiency determination, the Department may bring an action in a court of this state, a court of any other state or a court of the United States to collect the delinquent or deficient amount, penalties and interest. The action:
(a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to the Nevada Tax Commission pursuant to NRS 360.245.
(b) Must be brought not later than 3 years after the payment became delinquent or the determination became final or within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed.
2. The Attorney General shall prosecute the action. The provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.
3. In the action, a certificate by the Department showing the delinquency is prima facie evidence of:
(a) The determination of the tax or fee or the amount of the tax or fee;
(b) The delinquency of the amounts; and
(c) The compliance by the Department with all of the procedures required by law related to the computation and determination of the amounts.
(Added to NRS by 1995, 1058; A 1999, 2485)
Structure Nevada Revised Statutes
Chapter 360 - General Provisions
NRS 360.001 - "Department" and "Executive Director" defined.
NRS 360.005 - "Retailer" defined.
NRS 360.010 - Nevada Tax Commission: Creation; composition; Chair.
NRS 360.020 - Qualifications of commissioners.
NRS 360.030 - Limitations on appointment of commissioners; terms; removal from office.
NRS 360.050 - Compensation of commissioners.
NRS 360.070 - Location of office of Nevada Tax Commission.
NRS 360.080 - Quorum; voting by commissioners.
NRS 360.100 - Annual report by Department; statements to be furnished to Governor.
NRS 360.105 - Submission of proposed budget and legislation of Department to Nevada Tax Commission.
NRS 360.120 - Department of Taxation: Creation; head of Department; Executive Director.
NRS 360.140 - Organization of Department; hiring and assignment of employees.
NRS 360.145 - Employees of Department: Evaluation on basis of assessments or collections prohibited.
NRS 360.200 - General powers of Department.
NRS 360.210 - Power of Department to appraise and assess property.
NRS 360.220 - Duty of Department to require local governments to submit fiscal information.
NRS 360.232 - Audits by Department: Notification of taxpayer and extension of date for completion.
NRS 360.235 - Refund or credit to taxpayer after audit.
NRS 360.236 - Overpayments: Credit against other amounts due required before any refund.
NRS 360.238 - Department may charge fee for returned checks.
NRS 360.260 - Power of Nevada Tax Commission to institute and instigate action and prosecution.
NRS 360.265 - Power of Nevada Tax Commission regarding uncollectible debts.
NRS 360.271 - Deposit of money received by Department in lieu of surety bond.
NRS 360.278 - Authority to engage service of armored car.
NRS 360.280 - Duties of county assessor and board of county commissioners.
NRS 360.285 - Certification of population by Governor.
NRS 360.287 - Apportionment of tax receipts to cities.
NRS 360.289 - Annual reports of projected population of counties.
NRS 360.2905 - Citation of NRS 360.291.
NRS 360.291 - Taxpayers’ Bill of Rights.
NRS 360.292 - Preparation and distribution of pamphlet regarding Taxpayers’ Bill of Rights.
NRS 360.293 - Provision of response to request submitted by taxpayer.
NRS 360.2935 - Refund to taxpayer of overpayment together with payment of interest.
NRS 360.2937 - Amount of interest required on overpayment of certain taxes, fees and assessments.
NRS 360.295 - Extension of time for payment: Interest on amount due.
NRS 360.297 - Joint and several liability of responsible persons.
NRS 360.320 - Offsetting of certain overpayments; calculation of penalties and interest.
NRS 360.350 - Notice of determination required; method and effect of service.
NRS 360.355 - Time for provision of notice of determination.
NRS 360.360 - Redetermination: Petition; time for filing.
NRS 360.365 - Redetermination: Contents of petition and accompanying materials.
NRS 360.370 - Redetermination: Oral hearing; notice; continuances.
NRS 360.380 - Redetermination: Change in determined amount; limitations.
NRS 360.395 - Redetermination: Prerequisites to judicial review of final order; credit or refund.
NRS 360.400 - Time for payment of determined amount; penalty for delinquency in payment.
NRS 360.412 - Duty of Department to make determination; service of notice.
NRS 360.414 - When payment due; finality of determination; penalty for delinquent payment.
NRS 360.416 - Petition for redetermination; deposit of security.
NRS 360.417 - Penalty for failure to pay tax or fee.
NRS 360.419 - Waiver or reduction of interest or penalty.
NRS 360.4195 - Action for use tax: Manner of service of process.
NRS 360.440 - Execution: Issuance; sale.
NRS 360.450 - Recordation of abstract or copy of judgment; effect and duration of resulting lien.
NRS 360.460 - Extension of lien.
NRS 360.470 - Remedies of State are supplemental; additional requirements unimpaired.
NRS 360.480 - Cases of priority; subordination to prior recorded liens and certain other debts.
NRS 360.483 - Issuance; effect; levy and sale.
NRS 360.500 - Delivery of order to lock and seal business to sheriff for enforcement.
NRS 360.510 - Notice of delinquency and demand to transmit certain assets: Issuance and effect.
NRS 360.520 - Limitation on withholding or transmitting assets.
NRS 360.540 - Service and contents of notice of sale of property seized to pay taxes.
NRS 360.550 - Sale of property for delinquent taxes.
NRS 360.5972 - Fee for permit; distribution.
NRS 360.5974 - Fee for reinstatement of suspended or revoked permit.
NRS 360.5975 - Revocation or suspension of permit: Procedure; limitation on issuance of new permit.
NRS 360.605 - "Account" defined.
NRS 360.610 - "County" defined.
NRS 360.620 - "Enterprise district" defined.
NRS 360.640 - "Local government" defined.
NRS 360.650 - "Special district" defined.
NRS 360.670 - Eligibility for allocation from Account.
NRS 360.680 - Annual allocations from Account.
NRS 360.698 - Pledge of percentage of revenue to payment of bonds.
NRS 360.700 - Guaranteed allocation from Account for tax proceeds pledged to secure obligations.
NRS 360.710 - Determination of whether governmental entity is enterprise district.
NRS 360.7581 - "Above-the-line personnel" defined.
NRS 360.7582 - "Below-the-line personnel" defined.
NRS 360.7583 - "Nevada business" defined.
NRS 360.7584 - "Nevada resident" defined.
NRS 360.7585 - "Production company" defined.
NRS 360.75855 - "Qualified direct production expenditures" defined.
NRS 360.7586 - "Qualified production" defined.
NRS 360.7589 - Determination of whether employee is full-time equivalent employee.
NRS 360.7597 - Repayment of amount of credit required under certain circumstances.
NRS 360.767 - "Exhibition" defined.
NRS 360.773 - "State business license" defined.
NRS 360.774 - "Unauthorized alien" defined.
NRS 360.780 - Participants in exhibition: Exemption from licensing requirement.
NRS 360.790 - Deposit of proceeds in State General Fund.
NRS 360.805 - "Affected local government" defined.
NRS 360.810 - "Local government" defined.
NRS 360.815 - "Public utility" defined.
NRS 360.820 - "Telecommunication service" defined.
NRS 360.840 - Adoption of regulations by Nevada Tax Commission.
NRS 360.861 - "Declaration of restrictive covenants and conditions" defined.
NRS 360.862 - "Division" defined.
NRS 360.863 - "Federal low-income housing tax credit" defined.
NRS 360.864 - "Project" defined.
NRS 360.865 - "Project sponsor" defined.
NRS 360.866 - "Qualified allocation plan" defined.
NRS 360.869 - Repayment of tax credits to which project sponsor not entitled.
NRS 360.880 - Definitions. [Effective through June 30, 2032.]
NRS 360.881 - "Capital investment" defined. [Effective through June 30, 2032.]
NRS 360.882 - "Employer excise taxes" defined. [Effective through June 30, 2032.]
NRS 360.883 - "Lead participant" defined. [Effective through June 30, 2032.]
NRS 360.884 - "Local sales and use taxes" defined. [Effective through June 30, 2032.]
NRS 360.885 - "Participant" defined. [Effective through June 30, 2032.]
NRS 360.886 - "Project" defined. [Effective through June 30, 2032.]
NRS 360.887 - "Property taxes" defined. [Effective through June 30, 2032.]
NRS 360.888 - "Qualified project" defined. [Effective through June 30, 2032.]
NRS 360.900 - Definitions. [Effective through June 30, 2036.]
NRS 360.905 - "Capital investment" defined. [Effective through June 30, 2036.]
NRS 360.910 - "Employer excise taxes" defined. [Effective through June 30, 2036.]
NRS 360.915 - "Lead participant" defined. [Effective through June 30, 2036.]
NRS 360.920 - "Local sales and use taxes" defined. [Effective through June 30, 2036.]
NRS 360.925 - "Participant" defined. [Effective through June 30, 2036.]
NRS 360.930 - "Project" defined. [Effective through June 30, 2036.]
NRS 360.935 - "Property taxes" defined. [Effective through June 30, 2036.]
NRS 360.940 - "Qualified project" defined. [Effective through June 30, 2036.]
NRS 360.982 - "Economic development financing agreement" defined.
NRS 360.983 - "Economic development financing proposal" defined.
NRS 360.984 - "Infrastructure project" defined.
NRS 360.985 - "Lead participant" defined.
NRS 360.986 - "Local government" defined.
NRS 360.987 - "Office" defined.
NRS 360.988 - "Qualified project" defined.
NRS 360.989 - Submittal and contents of economic development financing proposal.
NRS 360.990 - Approval of economic development financing proposal.