1. An employer is entitled to a credit against the excise tax imposed on the employer pursuant to NRS 363B.110 if:
(a) The employer makes a contribution to the Nevada Higher Education Prepaid Trust Fund created by NRS 353B.140 on behalf of a qualified beneficiary on whose behalf a prepaid tuition contract is drawn pursuant to NRS 353B.100 and the contribution matches that made on behalf of the qualified beneficiary by an employee of the employer; or
(b) The employer makes a contribution to a savings trust account in the Nevada College Savings Trust Fund created by NRS 353B.340 and the contribution matches that made to the savings trust account by an employee of the employer.
2. A credit described in subsection 1 must be in an amount equal to 25 percent of the matching contribution but may not exceed $500 per contributing employee per year.
3. A credit described in subsection 1 may not be applied retroactively. If the amount of a credit exceeds the tax liability of an employer for a year, the excess may be applied to the tax liability of the employer for 5 years after the year in which the matching contribution was made. A credit applied pursuant to this subsection must be applied during the earliest year for which the employer has a tax liability. If credits for more than 1 year are available to an employer pursuant to this subsection, the credit from the earliest year must be applied first.
4. An employer claiming a credit pursuant to this section shall maintain any record required by the Department regarding the matching contribution for which the credit is claimed.
5. A contribution made by an employer as described in subsection 1 is the property of the employee whose contribution is being matched and may not be claimed in any manner by the employer.
6. As used in this section:
(a) "Prepaid tuition contract" has the meaning ascribed to it in NRS 353B.030.
(b) "Qualified beneficiary" has the meaning ascribed to it in NRS 353B.050.
(Added to NRS by 2015, 2449; A 2015, 2452)
Structure Nevada Revised Statutes
NRS 363B.020 - "Commission" defined.
NRS 363B.030 - "Employer" defined.
NRS 363B.040 - "Employment" defined.
NRS 363B.050 - "Taxpayer" defined.
NRS 363B.060 - Duties of Department.
NRS 363B.070 - Maintenance and availability of records of taxpayer; penalty.
NRS 363B.110 - Imposition, amount and payment of tax; filing of return; credits.
NRS 363B.120 - Partial abatement of tax during initial period of operation of employer.
NRS 363B.130 - Extension of time for payment; payment of interest during period of extension.
NRS 363B.140 - Certification of excess amount collected; credit and refund.
NRS 363B.160 - Interest on overpayments; disallowance of interest.
NRS 363B.180 - Action for refund: Period for commencement; venue; waiver.
NRS 363B.200 - Allowance of interest in judgment for amount illegally collected.
NRS 363B.210 - Standing to recover.
NRS 363B.220 - Action for recovery of erroneous refund: Jurisdiction; venue; prosecution.
NRS 363B.230 - Cancellation of illegal determination.