1. If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Commission within 30 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
2. If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any tax due from the plaintiff.
3. The balance of the judgment must be refunded to the plaintiff.
(Added to NRS by 2003, 20th Special Session, 139)
Structure Nevada Revised Statutes
Chapter 363A - Business Tax: Financial Institutions and Mining
NRS 363A.015 - "Business activity" defined.
NRS 363A.020 - "Commission" defined.
NRS 363A.030 - "Employer" defined.
NRS 363A.040 - "Employment" defined.
NRS 363A.050 - "Financial institution" defined.
NRS 363A.060 - "Taxpayer" defined.
NRS 363A.070 - Duties of Department.
NRS 363A.080 - Maintenance and availability of records of taxpayer; penalty.
NRS 363A.120 - Excise tax on banks: Imposition, amount and payment; filing of return.
NRS 363A.130 - Payroll tax: Imposition, amount and payment; filing of return; credits.
NRS 363A.140 - Extension of time for payment; payment of interest during period of extension.
NRS 363A.150 - Certification of excess amount collected; credit and refund.
NRS 363A.170 - Interest on overpayments; disallowance of interest.
NRS 363A.190 - Action for refund: Period for commencement; venue; waiver.
NRS 363A.210 - Allowance of interest in judgment for amount illegally collected.
NRS 363A.220 - Standing to recover.
NRS 363A.230 - Action for recovery of erroneous refund: Jurisdiction; venue; prosecution.
NRS 363A.240 - Cancellation of illegal determination.