1. Except as otherwise provided in subsection 2, "business entity" means a corporation, partnership, proprietorship, limited-liability company, business association, joint venture, limited-liability partnership, business trust, professional association, joint stock company, holding company and any other person engaged in a business.
2. "Business entity" does not include:
(a) Any person or other entity which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution.
(b) A natural person, unless that person is engaging in a business and is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss from Business, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss from Farming, or its equivalent or successor form, for that business.
(c) A governmental entity.
(d) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).
(e) A business entity organized pursuant to chapter 82 or 84 of NRS.
(f) A credit union organized under the provisions of chapter 672 of NRS or the Federal Credit Union Act.
(g) A grantor trust as defined by section 671 and 7701(a)(30)(E) of the Internal Revenue Code, 26 U.S.C. §§ 671 and 7701(a)(30)(E), all of the grantors and beneficiaries of which are natural persons or charitable entities as described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), excluding a trust taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).
(h) An estate of a natural person as defined by section 7701(a)(30)(D) of the Internal Revenue Code, 26 U.S.C. § 7701(a)(30)(D), excluding an estate taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).
(i) A real estate investment trust, as defined by section 856 of the Internal Revenue Code, 26 U.S.C. § 856, and its qualified real estate investment trust subsidiaries, as defined by section 856(i)(2) of the Internal Revenue Code, 26 U.S.C. § 856(i)(2), except that:
(1) A real estate investment trust with any amount of its assets in direct holdings of real estate, other than real estate it occupies for business purposes, as opposed to holding interests in limited partnerships or other entities that directly hold the real estate, is a business entity pursuant to this section; and
(2) A limited partnership or other entity that directly holds the real estate as described in subparagraph (1) is a business entity pursuant to this section, without regard to whether a real estate investment trust holds an interest in it.
(j) A real estate mortgage investment conduit, as defined by section 860D of the Internal Revenue Code, 26 U.S.C. § 860D.
(k) A trust qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a).
(l) A passive entity.
(m) A person whose activities within this State are confined to the owning, maintenance and management of the person’s intangible investments or of the intangible investments of persons or statutory trusts or business trusts registered as investment companies under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., as amended, and the collection and distribution of the income from such investments or from tangible property physically located outside this State. For the purposes of this paragraph, "intangible investments" includes, without limitation, investments in stocks, bonds, notes and other debt obligations, including, without limitation, debt obligations of affiliated corporations, real estate investment trusts, patents, patent applications, trademarks, trade names and similar types of intangible assets or an entity that is registered as an investment company under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq.
(n) A person who takes part in an exhibition, trade show, industry or corporate meeting or similar event held in this State for a purpose related to the conduct of a business, including, without limitation, an organizer, manager or sponsor of such an event or an exhibitor at such an event.
(o) A person engaged in the business of extracting gold or silver in this State.
(Added to NRS by 2015, 2878; A 2021, 580, 1285)
Structure Nevada Revised Statutes
NRS 363C.015 - "Business" defined.
NRS 363C.020 - "Business entity" defined.
NRS 363C.025 - "Commerce tax" defined.
NRS 363C.030 - "Credit sales" defined.
NRS 363C.035 - "Engaging in a business" defined.
NRS 363C.040 - "Governmental entity" defined.
NRS 363C.045 - "Gross revenue" defined.
NRS 363C.050 - "Loan" defined.
NRS 363C.055 - "Nevada gross revenue" defined.
NRS 363C.060 - "North American Industry Classification System" and "NAICS" defined.
NRS 363C.065 - "Pass-through entity" defined.
NRS 363C.070 - "Pass-through revenue" defined.
NRS 363C.075 - "Securities" defined.
NRS 363C.080 - "Taxable year" defined.
NRS 363C.085 - "Wages" defined.
NRS 363C.090 - References to Internal Revenue Code.
NRS 363C.093 - Businesses constituting passive entities.
NRS 363C.097 - Determination of business category.
NRS 363C.100 - Duties of Department.
NRS 363C.110 - Maintenance and availability of records of taxpayer; regulations.
NRS 363C.140 - Method of accounting.
NRS 363C.210 - Deductions from gross revenue.
NRS 363C.300 - Rate of tax based on business category in which business entity is primarily engaged.
NRS 363C.310 - Agriculture, forestry, fishing and hunting (NAICS 11).
NRS 363C.320 - Mining, quarrying and oil and gas extraction (NAICS 21).
NRS 363C.330 - Utilities and telecommunications (NAICS 22 and 517).
NRS 363C.340 - Construction (NAICS 23).
NRS 363C.350 - Manufacturing (NAICS 31, 32 and 33).
NRS 363C.360 - Wholesale trade (NAICS 42).
NRS 363C.370 - Retail trade (NAICS 44 and 45).
NRS 363C.380 - Air transportation (NAICS 481).
NRS 363C.390 - Rail transportation (NAICS 482).
NRS 363C.400 - Other transportation (NAICS 483, 485, 486, 487, 488, 491 and 492).
NRS 363C.410 - Truck transportation (NAICS 484).
NRS 363C.420 - Warehousing and storage (NAICS 493).
NRS 363C.430 - Publishing, software and data processing (NAICS 511, 512, 515 and 518).
NRS 363C.440 - Finance and insurance (NAICS 52).
NRS 363C.450 - Real estate and rental and leasing (NAICS 53).
NRS 363C.460 - Professional, scientific and technical services (NAICS 54).
NRS 363C.470 - Management of companies and enterprises (NAICS 55).
NRS 363C.480 - Administrative and support services (NAICS 561).
NRS 363C.490 - Waste management and remediation services (NAICS 562).
NRS 363C.500 - Educational services (NAICS 61).
NRS 363C.510 - Health care and social assistance (NAICS 62).
NRS 363C.520 - Arts, entertainment and recreation (NAICS 71).
NRS 363C.530 - Accommodation (NAICS 721).
NRS 363C.540 - Food services and drinking places (NAICS 722).
NRS 363C.550 - Other services (NAICS 81).
NRS 363C.560 - Unclassified business entities.
NRS 363C.600 - Certification of excess amount collected; credit and refund.
NRS 363C.620 - Interest on overpayments; disallowance of interest.
NRS 363C.640 - Action for refund: Period for commencement; venue; waiver.
NRS 363C.660 - Allowance of interest in judgment for amount illegally collected.
NRS 363C.670 - Standing to recover.
NRS 363C.680 - Action for recovery of erroneous refund: Jurisdiction; venue; prosecution.