1. Except as otherwise provided in NRS 360.730, the Executive Director shall estimate monthly the amount each local government, special district and enterprise district will receive from the Account pursuant to the provisions of this section.
2. The Executive Director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12, and the State Treasurer shall, except as otherwise provided in subsections 3 to 7, inclusive, remit monthly that amount to each local government, special district and enterprise district.
3. If, after making the allocation to each enterprise district for the month, the Executive Director determines there is not sufficient money available in the county’s subaccount in the Account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he or she shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to its proportionate percentage of the total amount of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county. The State Treasurer shall remit that amount to the local government or special district.
4. Except as otherwise provided in subsections 6 and 7, for a county whose population is 100,000 or more, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he or she shall immediately determine and allocate each:
(a) Local government’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 0.02 plus the sum of:
(I) The average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) The greater of zero or the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount, except that if the figure calculated pursuant to subparagraph (1) is less than zero, that figure must be treated as being zero for purposes of determining the allocation pursuant to this subparagraph; and
(b) Special district’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 0.02 plus the greater of zero or the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
5. Except as otherwise provided in subsection 7, for a county whose population is less than 100,000, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, the Executive Director shall immediately determine and allocate each:
(a) Local government’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:
(I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 8; and
(II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and
(b) Special district’s share of the remaining money by:
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and
(2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.
The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
6. Except as otherwise provided in subsection 7, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district in a county whose population is 100,000 or more, and if the calculations performed pursuant to paragraph (a) of subsection 4 require the use of zero for each local government, the Executive Director shall allocate to each local government and special district an amount equal to its proportionate percentage of the total amount of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county. The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.
7. The Executive Director shall not allocate any amount to a local government or special district pursuant to subsection 4, 5 or 6 unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the Executive Director determines there is money remaining in the county’s subaccount in the Account after the distribution for the month has been made, he or she shall:
(a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and
(b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the Account to determine which amount is greater.
If the Executive Director determines that the amount determined pursuant to paragraph (a) is greater, he or she shall allocate the money remaining in the county’s subaccount in the Account pursuant to the provisions of subsection 3. If the Executive Director determines that the amount of money remaining in the county’s subaccount in the Account is greater, he or she shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the State Treasurer shall remit that money so allocated. The Executive Director shall allocate any additional money in the county’s subaccount in the Account pursuant to the provisions of subsection 4, 5 or 6, as appropriate.
8. The percentage changes in population calculated pursuant to subsections 4 and 5 must, if a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.
9. On or before February 15 of each year, the Executive Director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the Account for that fiscal year.
10. On or before March 15 of each year, the Executive Director shall:
(a) Make an estimate of the receipts from each tax included in the Account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the Account; and
(b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
11. A local government, special district or enterprise district may use the estimate provided by the Executive Director pursuant to subsection 10 in the preparation of its budget.
(Added to NRS by 1997, 3279; A 1999, 10, 1092, 1096; 2001, 70, 1821; 2001 Special Session, 109, 112, 115, 118; 2003, 259, 1626, 1632; 2005, 7; 2009, 1210; 2013, 12, 3107; 2021, 56)
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.