Nevada Revised Statutes
Chapter 363D - Tax on Gross Revenue of Gold and Silver Mining Businesses
NRS 363D.180 - Situsing.


1. In computing the tax owed by a business entity pursuant to this chapter, the gross revenue of the business entity, as adjusted pursuant to NRS 363D.170, must be sitused to this State in accordance with the following rules:
(a) Gross rents and royalties from real property are sitused to this State if the real property is located in this State.
(b) Gross revenue from the sale of real property is sitused to this State if the real property is located in this State.
(c) Gross rents and royalties from tangible personal property are sitused to this State to the extent that the tangible personal property is located or used in this State.
(d) Gross revenue from the sale of gold or silver is sitused to this State if the gold or silver is extracted in this State.
(e) Gross revenue from the sale of tangible personal property is sitused to this State if the property is delivered or shipped to a buyer in this State, regardless of the F.O.B. point or any other condition of sale.
(f) Gross revenue from the sale of transportation services is sitused to this State if both the origin and the destination point of the transportation are located in this State.
(g) Gross revenue from the sale of any services not otherwise described in this section is sitused to this State in the proportion that the purchaser’s benefit in this State, with respect to what was purchased, bears to the purchaser’s benefit everywhere with respect to what was purchased. For the purposes of this paragraph, the physical location at which the purchaser of a service ultimately uses or receives the benefit of the service that was purchased is paramount in determining the proportion of the benefit in this State to the benefit everywhere. If the records of a business entity do not allow the taxpayer to determine that location, the business entity may use an alternative method to situs gross revenue pursuant to this section if the alternative method is reasonable, is consistently and uniformly applied and is supported by the taxpayer’s records as those records exist when the service is provided or within a reasonable period of time thereafter.
(h) Gross revenue not otherwise described in this section is sitused to this State if the gross receipts are from business conducted in this State. For the purposes of this paragraph, the physical location of the purchaser is paramount in determining if business is done in this State. If the records of a business entity do not allow the business entity to determine the location of the purchaser, the gross revenue must not be considered to be from business conducted in this State.
2. If the application of the provisions of subsection 1 does not fairly represent the extent of the business conducted in this State by a business entity, the Department may authorize the business entity to use an alternative method of situsing gross revenue to this State.
(Added to NRS by 2021, 1276)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 363D - Tax on Gross Revenue of Gold and Silver Mining Businesses

NRS 363D.010 - Definitions.

NRS 363D.015 - "Business" defined.

NRS 363D.020 - "Business entity" defined.

NRS 363D.025 - "Commission" defined.

NRS 363D.030 - "Credit sales" defined.

NRS 363D.035 - "Engaging in a business" defined.

NRS 363D.040 - "Gold" and "silver" defined.

NRS 363D.045 - "Governmental entity" defined.

NRS 363D.050 - "Gross revenue" defined.

NRS 363D.055 - "Loan" defined.

NRS 363D.060 - "Nevada gross revenue" defined.

NRS 363D.065 - "Pass-through entity" defined.

NRS 363D.070 - "Pass-through revenue" defined.

NRS 363D.075 - "Sale of gold or silver" defined.

NRS 363D.080 - "Securities" defined.

NRS 363D.085 - "Taxable year" defined.

NRS 363D.090 - "Taxpayer" defined.

NRS 363D.100 - "Wages" defined.

NRS 363D.110 - References to Internal Revenue Code.

NRS 363D.120 - Businesses constituting passive entities.

NRS 363D.130 - Duties of Department.

NRS 363D.140 - Maintenance and availability of records of taxpayer; regulations; penalty.

NRS 363D.150 - Examination of records by Department; payment of expenses of Department for examination of records outside this State.

NRS 363D.160 - Imposition; payment of tax; filing of return; extension of time for payment; payment of interest during period of extension.

NRS 363D.170 - Deductions from gross revenue.

NRS 363D.180 - Situsing.

NRS 363D.190 - Certification of excess amount collected; credit and refund.

NRS 363D.200 - Limitations on claims for refund or credit; form and contents of claim; failure to file claim constitutes waiver; service of notice of rejection of claim.

NRS 363D.210 - Interest on overpayments; disallowance of interest.

NRS 363D.220 - Injunction or other process to prevent collection of tax prohibited; filing of claim is condition precedent to maintaining action for refund.

NRS 363D.230 - Action for refund: Period for commencement; venue; waiver.

NRS 363D.240 - Rights of claimant upon failure of Department to mail notice of action on claim; allocation of judgment for claimant.

NRS 363D.250 - Allowance of interest in judgment for amount illegally collected.

NRS 363D.260 - Standing to recover.

NRS 363D.270 - Action for recovery of erroneous refund: Jurisdiction; venue; prosecution.

NRS 363D.280 - Cancellation of illegal determination.

NRS 363D.290 - Remittance of tax; deposit for credit to State General Fund. [Effective through June 30, 2023.] Remittance of tax; deposit for credit to State Education Fund. [Effective July 1, 2023.]

NRS 363D.300 - Prohibited acts; penalty.

NRS 363D.310 - Remedies of State are cumulative.