Nevada Administrative Code
Chapter 360 - Revenue and Taxation: Generally
TRANSFERABLE TAX CREDITS FOR FILM AND OTHER PRODUCTIONS
Section 360.865 - Reduction or withholding of credits under certain circumstances; repayment of amount of credits under certain circumstances; circumstances under which Office will not require forfeiture of credits purchased in good faith

Universal Citation: NV Admin Code 360.865

Current through February 27, 2024

1. In calculating the amount of transferable tax credits available to an eligible production company pursuant to NRS 360.7591 to 360.7594, inclusive, the Office may:

(a) Reduce the cumulative amount of transferable tax credits that are calculated pursuant to NRS 360.7591 to 360.7594, inclusive, and NAC 360.855 and 360.860 and section 3 by an amount equal to any damages incurred by the State or any political subdivision of this State as a result of a qualified production that is produced in this State.

(b) Withhold transferable tax credits, in whole or in part:
(1) Until any pending legal action in this State against a production company or involving a qualified production is resolved.

(2) If a production company is found to have violated any state or local law.

(3) If a production company is found to have submitted any false statement, representation or certification in any document submitted for the purpose of obtaining transferable tax credits.

2. If the Office finds that a production company is ineligible for transferable tax credits because the production company has submitted any false statement, representation or certification in any document submitted for the purpose of obtaining transferable tax credits or if the Office finds that a production company has otherwise become ineligible for transferable tax credits after receiving a certificate of eligibility, the Office will require the production company to repay to the Department or the Nevada Gaming Control Board, as applicable, any portion of the transferable tax credits to which the production company is not entitled.

3. The Office will not require a person who purchases transferable tax credits in good faith to forfeit the transferable tax credits unless the person submitted fraudulent information in connection with the purchase.

Added to NAC by Office of Economic Dev. by R120-13, eff. 12-23-2013; A by R062-22A, eff. 2/13/2023

NRS 360.759, 360.7591

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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