Nevada Administrative Code
Chapter 360 - Revenue and Taxation: Generally
VOLUNTARY DISCLOSURE OF FAILURE TO FILE RETURN
Section 360.446 - Assessment of penalty and interest on tax liability; appeal of assessment

Universal Citation: NV Admin Code 360.446

Current through September 16, 2024

1. If the Department determines that the taxpayer has complied with the requirements set forth in NAC 360.440 and 360.444, the Department shall not assess the penalty and interest set forth in NRS 360.300 on the entire amount of the tax liability.

2. If the Department determines that the tax liability of a taxpayer has not been voluntarily disclosed pursuant to NAC 360.440 and 360.444, the Department shall:

(a) Assess the penalty and interest set forth in NRS 360.300 on the entire amount of the tax liability; and

(b) Notify the taxpayer of its determination and issue a bill for the amount of any tax, penalty or interest owed by the taxpayer. The notice and bill must be sent to the taxpayer by registered or certified mail, return receipt requested.

3. If the Department determines that the tax liability of a taxpayer has not been voluntarily disclosed and assesses a penalty or interest pursuant to subsection 2 and NRS 360.300, the taxpayer:

(a) Shall, within 60 days after receiving the notice and bill described in subsection 2, file any additional returns and pay the amount of any tax, penalty or interest that the Department has determined is owed by the taxpayer; and

(b) May, within 45 days after receiving the notice and bill described in subsection 2, file a written petition with the Department disputing its determination or the amount of any tax, penalty or interest assessed by the Department. The petition must set forth any information that supports the dispute.

4. The Commission will review any petition filed pursuant to subsection 3 and determine the amount of any tax, penalty or interest owed by the taxpayer. The Commission will notify the taxpayer of its decision by registered or certified mail, return receipt requested.

5. The taxpayer shall file any additional returns and pay the amount of any tax, penalty or interest that the Commission determines is owed by the taxpayer pursuant to subsection 4 within 60 days after he or she receives the notification from the Commission pursuant to subsection 4.

6. Any action taken with respect to a taxpayer by the Department or Commission pursuant to this section does not affect the right of the taxpayer to request a waiver or reduction of a penalty or interest, or both, pursuant to NAC 360.396.

Added to NAC by Tax Comm'n by R079-01, eff. 9-20-2002; A by R152-22A, eff. 9/16/2024

NRS 360.090, 360.300

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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