Nevada Revised Statutes
Chapter 368A - Tax on Live Entertainment
NRS 368A.090 - "Live entertainment" defined.


1. "Live entertainment" means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or other similar purpose by a person or persons who are physically present when providing that activity to a patron or group of patrons who are physically present.
2. The term:
(a) Includes, without limitation, any one or more of the following activities:
(1) Music or vocals provided by one or more professional or amateur musicians or vocalists;
(2) Dancing performed by one or more professional or amateur dancers or performers, including, without limitation, dancing performed by one or more persons who are nude or partially nude;
(3) Acting or drama provided by one or more professional or amateur actors or players;
(4) Acrobatics or stunts provided by one or more professional or amateur acrobats, performers or stunt persons;
(5) Animal stunts or performances induced by one or more animal handlers or trainers, except as otherwise provided in subparagraph (3) of paragraph (b);
(6) Athletic or sporting contests, events or exhibitions provided by one or more professional or amateur athletes, sportsmen or sportswomen;
(7) Comedy or magic provided by one or more professional or amateur comedians, magicians, illusionists, entertainers or performers;
(8) A show or production involving any combination of the activities described in subparagraphs (1) to (7), inclusive;
(9) A performance by a disc jockey who presents recorded music; and
(10) An escort who is escorting one or more persons at a location or locations in this State.
(b) Except as otherwise provided in subsection 3, excludes, without limitation, any one or more of the following activities:
(1) Television, radio, closed circuit or Internet broadcasts of live entertainment;
(2) Entertainment provided by a patron or patrons, including, without limitation, singing by patrons or dancing by or between patrons;
(3) Animal behaviors induced by animal trainers or caretakers primarily for the purpose of education and scientific research;
(4) An activity that is an uncompensated, spontaneous performance that is not longer than 20 minutes during a 60-minute period;
(5) An activity described in subparagraphs (1) to (8), inclusive, of paragraph (a) that does not constitute a performance, including, without limitation, go-go dancing; or
(6) Marketing or promotional activities, including, without limitation, dancing or singing that is for a period that does not exceed 20 minutes during a 60-minute period and that is associated with the serving of food and beverages.
3. The exclusions set forth in paragraph (b) of subsection 2 do not apply to an activity provided by a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. ยง 501(c), or by a nonprofit corporation organized or existing under the provisions of chapter 82 of NRS, when the number of tickets to the activity offered for sale or other distribution is 15,000 or more.
4. As used in this section, "person who is nude or partially nude" means a natural person with any of the following less than completely or opaquely covered:
(a) His or her genitals;
(b) The pubic region; or
(c) A female breast below a point immediately above the top of the areola.
(Added to NRS by 2003, 20th Special Session, 147; A 2005, 2481; 2015, 3763)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 368A - Tax on Live Entertainment

NRS 368A.010 - Definitions.

NRS 368A.020 - "Admission charge" defined.

NRS 368A.030 - "Board" defined.

NRS 368A.040 - "Business" defined.

NRS 368A.050 - "Business entity" defined.

NRS 368A.053 - Casual assemblage" defined.

NRS 368A.055 - Commission" defined.

NRS 368A.057 - "Escort" defined.

NRS 368A.058 - "Escort service" defined.

NRS 368A.060 - "Facility" defined.

NRS 368A.070 - "Game" defined.

NRS 368A.075 - "Governmental entity" defined.

NRS 368A.080 - "Licensed gaming establishment" defined.

NRS 368A.090 - "Live entertainment" defined.

NRS 368A.097 - Shopping mall" defined.

NRS 368A.100 - "Slot machine" defined.

NRS 368A.110 - "Taxpayer" defined.

NRS 368A.115 - "Trade show" defined.

NRS 368A.120 - Natural persons who are deemed to be business entities.

NRS 368A.140 - Duties of Board, Commission and Department; applicability of chapters 360 and 463 of NRS.

NRS 368A.150 - Establishment of amount of tax liability when Board or Department determines that taxpayer is acting with intent to defraud State or to evade payment of tax or when amount subject to tax is unclear.

NRS 368A.160 - Maintenance and availability of records for determining liability of taxpayer; liability to taxpayer of lessee, assignee or transferee of certain premises; penalty.

NRS 368A.170 - Examination of records by Board or Department; payment of expenses of Board or Department for examination of records outside State.

NRS 368A.180 - Confidentiality of records and files of Board and Department.

NRS 368A.200 - Imposition and amount of tax; tax collected from purchaser; exemptions from tax.

NRS 368A.220 - Filing of reports and payment of tax; deposit of amounts received in State General Fund; deposit of certain amount for credit to Nevada Arts Council.

NRS 368A.230 - Extension of time for payment; payment of interest during period of extension.

NRS 368A.240 - Credit for amount of tax paid on account of certain charges taxpayer is unable to collect; violations.

NRS 368A.250 - Certification of excess amount collected; credit and refund.

NRS 368A.260 - 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 368A.270 - Interest on overpayments; disallowance of interest.

NRS 368A.280 - Injunction or other process to prevent collection of tax prohibited; filing of claim is condition precedent to maintaining action for refund.

NRS 368A.290 - Action for refund: Period for commencement; venue; waiver.

NRS 368A.300 - Rights of claimant upon failure of Board or Department to mail notice of action on claim; allocation of judgment for claimant.

NRS 368A.310 - Allowance of interest in judgment for amount illegally collected.

NRS 368A.320 - Standing to recover.

NRS 368A.330 - Action for recovery of erroneous refund: Jurisdiction; venue; prosecution.

NRS 368A.340 - Cancellation of illegal determination.

NRS 368A.350 - Prohibited acts; penalty.

NRS 368A.360 - Revocation of gaming license for failure to report, pay or truthfully account for tax; licensed gaming establishment subject to discipline for violation of chapter with intent to avoid tax.

NRS 368A.370 - Remedies of State are cumulative.