1. If any person is delinquent in the payment of any tax or fee administered by the Department or if a determination has been made against the person which remains unpaid, the Department may:
(a) Not later than 3 years after the payment became delinquent or the determination became final; or
(b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,
give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this State or any political subdivision or agency of this State, who has in his or her possession or under his or her control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before the Department presents the claim of the delinquent taxpayer to the State Controller.
2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department.
3. After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in his or her possession or under his or her control at the time the person received the notice until the Department consents to a transfer or other disposition.
4. Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the Department of and transmit to the Department all such credits, other personal property or debts in his or her possession, under his or her control or owing by that person within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served to that person.
5. If the property of the delinquent taxpayer consists of a series of payments owed to him or her, the person who owes or controls the payments shall transmit the payments to the Department until otherwise notified by the Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing him or her to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.
6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.
7. If any person notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, that person is liable to the State for any indebtedness due pursuant to this chapter, chapter 360B, 362, 363A, 363B, 363C, 363D, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C, 377D or 444A of NRS, NRS 482.313, 482C.230 or 482C.240, or chapter 585 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
(Added to NRS by 1983, 281; A 1995, 1063; 1997, 823; 1999, 1002, 1487, 1555; 2001, 1879, 1880; 2003, 2351; 2003, 20th Special Session, 160; 2005, 1778; 2013, 2798; 2015, 2898; 2019, 3265; 2021, 1280, 1859)
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.