Nevada Administrative Code
Chapter 360 - Revenue and Taxation: Generally
COMPROMISE OF LIABILITY OF TAXPAYER
Section 360.437 - Interpretation of certain statutory terms
Universal Citation: NV Admin Code 360.437
Current through September 16, 2024
As used in NRS NRS 360.263, the Commission will interpret:
1. The phrase "It is unlikely that the Department will be able to collect the entire amount of the liability of the taxpayer" to include any case in which:
(a) The assets and income of the taxpayer are
less than the full amount of the liability of the taxpayer either paid in a
single installment or pursuant to a reasonable installment payment plan;
and
(b) The taxpayer will not have,
in the foreseeable future, the money, assets or means to pay the liability of
the taxpayer, either paid in a single installment or pursuant to a reasonable
installment payment plan, after the taxpayer has paid for the basic living
expenses of the taxpayer based on an evaluation of the circumstances and facts
relevant to the taxpayer and considering the guidelines adopted by the Internal
Revenue Service relating to national and local standards for living
expenses.
2. The phrase "The amount of the liability of the taxpayer is unclear" to include any case in which:
(a) The amount or existence of the
liability of the taxpayer is dependent upon the outcome of a good faith dispute
over the relevant facts or applicable law; and
(b) The amount of the liability of the
taxpayer:
(1) Has become due to the State, as
determined by the date upon which the taxpayer is required to pay a tax,
contribution, premium, fee, interest or penalty to the State pursuant to any
provision of NRS; and
(2) Has not
been reviewed by the Commission, if applicable.
3. The phrase "Such a compromise is appropriate based upon considerations of equity and fairness" to include, without limitation, any case in which:
(a) The
medical condition of the taxpayer or the medical condition of the spouse,
parent, sibling or child of the taxpayer to whom the taxpayer provides
full-time medical care or living assistance was such that the taxpayer was
unable to manage the financial affairs of the taxpayer during the period in
which the liability of the taxpayer was incurred;
(b) The taxpayer incurred the liability, in
whole or in part, as a result of the misconduct of an employee of the taxpayer
of which the taxpayer was unaware;
(c) Notwithstanding the conduct which gives
rise to the liability of the taxpayer for which a compromise is sought, the
taxpayer and any business entities managed, operated or controlled by the
taxpayer have a history of compliance with all applicable filing and payment
requirements; or
(d) The taxpayer
was the victim of a crime, natural disaster or other unforeseeable occurrence
that significantly impacted the ability of the taxpayer to:
(1) Pay the financial obligations of the
taxpayer as such obligations came due in the ordinary course of business;
or
(2) Challenge or petition for
review in a timely manner the determination of the liability of the taxpayer
when the liability was initially assessed by the Department.
Added to NAC by Tax Comm'n by R019-05, eff. 10-31-2005
NRS 360.090, 360.263
Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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