The Department shall:
1. Review the software submitted for the certification of a certified automated system pursuant to the Agreement and, if the Department determines that the software accurately reflects the taxability of the product categories included in the program, certify its acceptance of the determination of the taxability of the product categories included in the program.
2. Except as otherwise provided in subsection 3:
(a) If a certified service provider acting on behalf of a registered seller fails to collect the correct amount of any sales or use tax imposed in this State as a result of his or her reliance on the certification of the Department pursuant to subsection 1 regarding the certified automated system used by that certified service provider, waive any liability of the certified service provider, and of the registered seller on whose behalf the certified service provider is acting, for:
(1) The amount of the sales or use tax which the certified service provider fails to collect as a result of that reliance; and
(2) Any penalties and interest on that amount.
(b) If a registered seller who elects to use a certified automated system pursuant to subsection 3 of NRS 360B.200 fails to collect the correct amount of any sales or use tax imposed in this State as a result of his or her reliance on the certification of the Department pursuant to subsection 1 regarding the certified automated system used by that registered seller, waive any liability of the registered seller for:
(1) The amount of the sales or use tax which the registered seller fails to collect as a result of that reliance; and
(2) Any penalties and interest on that amount.
3. Notify a certified service provider or a registered seller who elects to use a certified automated system pursuant to subsection 3 of NRS 360B.200 if the Department determines that the taxability of any item or transaction is being incorrectly classified by the certified automated system used by the certified service provider or registered seller. The provisions of subsection 2 do not require the waiver of any liability for the incorrect classification of an item or transaction regarding which notice was provided to the certified service provider or registered seller pursuant to this subsection if the incorrect classification occurs more than 10 days after the receipt of that notice.
(Added to NRS by 2007, 2302; A 2009, 584)
Structure Nevada Revised Statutes
Chapter 360B - Sales and Use Tax Administration
NRS 360B.020 - Legislative findings and declaration.
NRS 360B.040 - "Agreement" defined.
NRS 360B.050 - "Certified automated system" defined.
NRS 360B.060 - "Certified service provider" defined.
NRS 360B.062 - "Person" defined.
NRS 360B.063 - "Purchaser" defined.
NRS 360B.065 - "Registered seller" defined.
NRS 360B.067 - "Retail sale" defined.
NRS 360B.070 - "Sales tax" defined.
NRS 360B.080 - "Seller" defined.
NRS 360B.090 - "State" defined.
NRS 360B.095 - "Tangible personal property" defined.
NRS 360B.100 - "Use tax" defined.
NRS 360B.110 - Duties of Nevada Tax Commission.
NRS 360B.120 - Prerequisites to membership.
NRS 360B.160 - Nature and purpose of Agreement.
NRS 360B.260 - Direct pay permits: Use; application for permit.
NRS 360B.281 - Purchases of direct mail.
NRS 360B.355 - Applicability of provisions.
NRS 360B.360 - Retail sale of tangible personal property generally.
NRS 360B.365 - Lease or rental of tangible personal property generally.
NRS 360B.375 - Lease or rental of transportation equipment.
NRS 360B.400 - Duty of Department.
NRS 360B.405 - "Alcoholic beverages" construed.
NRS 360B.410 - "Computer" construed.
NRS 360B.415 - "Computer software" construed.
NRS 360B.420 - "Delivered electronically" construed.
NRS 360B.425 - "Delivery charges" construed.
NRS 360B.430 - "Dietary supplement" construed.
NRS 360B.435 - "Drug" construed.
NRS 360B.437 - "Durable medical equipment" construed.
NRS 360B.440 - "Electronic" construed.
NRS 360B.445 - "Food" and "food ingredients" construed.
NRS 360B.450 - "Lease or rental" construed.
NRS 360B.455 - "Medicine" construed.
NRS 360B.456 - "Mobility enhancing equipment" construed.
NRS 360B.458 - "Oxygen delivery equipment" construed.
NRS 360B.460 - "Prepared food" construed.
NRS 360B.465 - "Prescription" construed.
NRS 360B.470 - "Prewritten computer software" construed.
NRS 360B.475 - "Prosthetic device" construed.
NRS 360B.480 - "Sales price" construed.
NRS 360B.483 - "Specified digital products" construed.
NRS 360B.485 - "Tangible personal property" construed.