1. The Legislature hereby declares that each taxpayer has the right:
(a) To be treated by officers and employees of the Department with courtesy, fairness, uniformity, consistency and common sense.
(b) To a prompt response from the Department to each communication from the taxpayer.
(c) To provide the minimum documentation and other information as may reasonably be required by the Department to carry out its duties.
(d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
(e) To be notified, in writing, by the Department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
(f) To written instructions indicating how the taxpayer may petition for:
(1) An adjustment of an assessment;
(2) A refund or credit for overpayment of taxes, interest or penalties; or
(3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of chapters 365 and 366 of NRS.
(g) To recover an overpayment of taxes promptly upon the final determination of such an overpayment.
(h) To obtain specific advice from the Department concerning the taxes imposed pursuant to chapters 365, 366 and 373 of NRS.
(i) In any meeting with the Department, including an audit, conference, interview or hearing:
(1) To an explanation by an officer, agent or employee of the Department that describes the procedures to be followed and the taxpayer’s rights thereunder;
(2) To be represented by himself or herself or anyone who is otherwise authorized by law to represent the taxpayer before the Department;
(3) To make an audio recording using the taxpayer’s own equipment and at the taxpayer’s own expense; and
(4) To receive a copy of any document or audio recording made by or in the possession of the Department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the Department of making the copy.
(j) To a full explanation of the authority of the Department to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the Department.
(k) To the immediate release of any lien which the Department has placed on real or personal property for the nonpayment of any tax when:
(1) The tax is paid;
(2) The period of limitation for collecting the tax expires;
(3) The lien is the result of an error by the Department;
(4) The Department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(7) The Department determines that the lien is creating an economic hardship.
(l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of chapters 365 and 366 of NRS by the Department in accordance with applicable statutes and regulations.
(m) To be free from harassment and intimidation by an officer, agent or employee of the Department for any reason.
(n) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.
2. The provisions of chapters 365, 366 and 373 of NRS governing the administration and collection of taxes by the Department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.
3. The provisions of this section apply to all taxes administered and collected by the Department pursuant to the provisions of chapters 365, 366 and 373 of NRS and any regulations adopted by the Department relating thereto.
(Added to NRS by 2005, 22nd Special Session, 130)
Structure Nevada Revised Statutes
Chapter 360A - Administration of Certain Taxes and Fees on Fuels
NRS 360A.010 - "Department" defined.
NRS 360A.020 - Adoption of regulations by Department.
NRS 360A.032 - Citation of NRS 360A.034.
NRS 360A.034 - Taxpayers’ Bill of Rights for Taxes on Fuels.
NRS 360A.040 - Submission of dishonored method of payment.
NRS 360A.050 - Extension of time for payment: Interest on amount due.
NRS 360A.055 - Joint and several liability of responsible persons.
NRS 360A.060 - Penalty for failure to pay within required time.
NRS 360A.070 - Waiver or reduction of interest or penalty.
NRS 360A.090 - Priority of right to receive payments in satisfaction of amounts due.
NRS 360A.100 - Determination of amount due by Department; imposition of penalty and interest.
NRS 360A.110 - Offsetting of overpayments.
NRS 360A.140 - Notice of determination required; method and effect of service.
NRS 360A.150 - Time for provision of notice of determination; service by electronic mail.
NRS 360A.160 - Redetermination: Filing of petition with Department.
NRS 360A.180 - Redetermination: Consideration by Department; administrative hearing; appeal.
NRS 360A.190 - Redetermination: Authority of Department to change determined amount.
NRS 360A.200 - Redetermination: Finality of order by officer of Department.
NRS 360A.210 - Redetermination: Prerequisites to judicial review of final order; credit or refund.
NRS 360A.220 - Time for payment of determined amount; penalty for delinquency in payment.
NRS 360A.230 - Notice of determination by Department.
NRS 360A.250 - Petition for redetermination; deposit of security.
NRS 360A.280 - Entry of judgment; service of copy of judgment, application and certificate.
NRS 360A.290 - Execution: Issuance; sales.
NRS 360A.300 - Recordation of abstract or copy of judgment; effect and duration of resulting lien.
NRS 360A.310 - Extension of lien.
NRS 360A.320 - Remedies supplemental; additional requirements unimpaired.
NRS 360A.350 - Issuance; effect; levy and sale.
NRS 360A.365 - Order to lock and seal business: Grounds for issuance; service; enforcement.
NRS 360A.370 - Notice of delinquency and demand to transmit certain assets: Issuance and effect.
NRS 360A.380 - Limitation on withholding or transmitting assets.
NRS 360A.400 - Seizure and sale of property by Department.
NRS 360A.420 - Sale of seized property: Service and contents of notice.
NRS 360A.430 - Sale of seized property: Procedure.
NRS 360A.440 - Sale of seized property: Disposition of excess proceeds.