1. If a person who is liable for any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 445C.330 or 590.120 sells any portion of his or her business or stock of goods not in the ordinary course of business or quits the business, the successors or assignees of that person shall:
(a) If the business or stock of goods was purchased for money, withhold from the purchase price the amount due; or
(b) If the business or stock of goods was not purchased for money, withhold a sufficient portion of the assets of the business or stock of goods which, if sold, would equal the amount due,
until the former owner provides the successors or assignees with a receipt or certificate from the Department indicating that he or she paid the amount due.
2. A successor or assignee who fails to withhold the amount required pursuant to subsection 1 becomes personally liable for the payment of the amount required to be withheld by him or her to the extent of the consideration paid for the business or stock of goods, valued in money.
3. The Department shall issue a certificate of the amount due to the successor or assignee:
(a) Not later than 60 days after receiving a written request from the successor or assignee for such a certificate; or
(b) Not later than 60 days after the date the records of the former owner are made available for audit,
whichever period expires later, but not later than 90 days after receiving the request.
4. If the Department fails to mail the certificate, the successor or assignee is released from any further obligation to withhold any portion of the purchase price, business or stock of goods.
5. The time within which the obligation of the successor or assignee may be enforced begins when the person who is liable for the tax or fee sells or assigns all or any portion of his or her business or stock of goods or when the determination against the person becomes final, whichever occurs later.
(Added to NRS by 1999, 998; A 2015, 3600)
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.