1. No purchaser may commence or maintain any cause of action against any seller for the refund of any sales or use tax erroneously or illegally collected by the seller unless:
(a) The purchaser provides the seller with written notice of his or her request for a refund, containing such information as is necessary to determine the validity of the request; and
(b) The seller:
(1) Denies the request; or
(2) Fails to respond to the request within 60 days after receiving the notice of the request provided in accordance with paragraph (a).
2. For the purposes of any action brought by a purchaser against a seller for the refund of any sales or use tax erroneously or illegally collected by the seller, the seller is presumed to have a reasonable business practice regarding the collection of sales and use taxes if the seller:
(a) Uses a provider or system, including a proprietary system, that is certified by this State; and
(b) Has remitted to this State all sales and use taxes collected on behalf of this State and each local government in this State, less any deductions, credits and collection allowances to which the seller is entitled.
(Added to NRS by 2005, 1772)
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.