1. Every person extracting any mineral in this state, or receiving a royalty in connection therewith, who fails to file with the Department the statements provided for in NRS 362.100 to 362.240, inclusive, during the time and in the manner provided for in NRS 362.100 to 362.240, inclusive, shall pay a penalty of not more than $5,000. If any such person fails to file the statement, the Department may ascertain and certify the net proceeds of the minerals extracted or the value of the royalty from all data and information obtainable, and the amount of the tax due must be computed on the basis of the amount due so ascertained and certified.
2. The Executive Director shall determine the amount of the penalty. This penalty becomes a debt due the State of Nevada and, upon collection, must be deposited in the State Treasury to the credit of the State General Fund.
3. Any person extracting any mineral or receiving a royalty may appeal from the imposition of the penalty to the Nevada Tax Commission by filing a notice of appeal in accordance with the requirements set forth in NRS 360.245.
[7:77:1927; NCL § 6584]—(NRS A 1971, 563; 1973, 1296; 1975, 135, 1679; 1989, 41; 1995, 43; 1999, 2491; 2013, 3134)
Structure Nevada Revised Statutes
Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals
NRS 362.030 - County assessor to assess surface of patented mines and mining claims; exceptions.
NRS 362.040 - Exclusion of assessment from roll.
NRS 362.060 - Who may make affidavit.
NRS 362.070 - Contiguous patented mines or mining claims: Performance of work on one mine.
NRS 362.090 - One affidavit may be recorded for labor on several patented mines or mining claims.
NRS 362.105 - "Royalty" defined.
NRS 362.110 - Annual statement of gross yield and claimed net proceeds; annual list of lessees.
NRS 362.120 - Computation of gross yield and net proceeds; required reports.
NRS 362.140 - Rate of tax upon net proceeds.
NRS 362.150 - Liens for taxes on proceeds of minerals.
NRS 362.200 - Powers of Department: Examination of records; hearings.