1. If the Board 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.
2. 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 Nevada Tax Commission within 30 days after the last day of the 6-month period.
3. If the claimant is aggrieved by the decision of:
(a) The Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Board on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
(b) The Nevada Tax 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.
4. If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any tax due from the plaintiff.
5. The balance of the judgment must be refunded to the plaintiff.
(Added to NRS by 2003, 20th Special Session, 154; A 2005, 22nd Special Session, 143)
Structure Nevada Revised Statutes
Chapter 368A - Tax on Live Entertainment
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.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.230 - Extension of time for payment; payment of interest during period of extension.
NRS 368A.250 - Certification of excess amount collected; credit and refund.
NRS 368A.270 - Interest on overpayments; disallowance of interest.
NRS 368A.290 - Action for refund: Period for commencement; venue; waiver.
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.