Nevada Administrative Code
Chapter 363C - Commerce Tax
IMPOSITION AND COLLECTION
General Provisions for Business Entities
Section 363C.250 - Waiver or reduction of penalty and interest for estimated returns; disallowance of interest on overpayment made intentionally or by reason of carelessness

1. In addition to the grounds for a waiver or reduction of the penalty and interest for a late payment of the commerce tax set forth in NAC 360.396, the Department may waive or reduce a penalty or interest, or both, for a late payment of the commerce tax if the Nevada Commerce Tax Return was timely filed pursuant to subsection 2 of section 20 of Senate Bill No. 483, chapter 487, Statutes of Nevada 2015, at page 2884 (NRS 363C.200), and the Department determines that the late payment was made because, in calculating the Nevada gross revenue of the taxpayer, the taxpayer or the taxpayer's agent relied on:

2. In determining whether to waive or reduce the penalty or interest, or both, for a late payment pursuant to subsection 1, the Department may consider whether the Nevada gross revenue reported on the taxpayer's Nevada Commerce Tax Return is the same as, or similar to, the:

3. A taxpayer or the taxpayer's agent may request the waiver or reduction of the penalty or interest, or both, pursuant to subsection 1 by submitting to the Department the federal income tax return or Nevada Commerce Tax Return on which the taxpayer or taxpayer's agent relied and a written statement signed under oath by the taxpayer or the taxpayer's agent which establishes that the taxpayer qualifies for the relief requested.

4. The Department shall not consider a request made pursuant to subsection 3 until the taxpayer has paid in full the commerce tax upon which the interest or penalty is assessed.

5. If an overpayment of the commerce tax was made because, in calculating the Nevada gross revenue of the taxpayer, the taxpayer or the taxpayer's agent relied on the information described in paragraph (a) or (b) of subsection 1, the overpayment must be deemed to be made intentionally or by reason of carelessness for the purposes of section 53 of Senate Bill No. 483, chapter 487, Statutes of Nevada 2015, at page 2895 (NRS 363C.620), and the Department must not allow any interest on the overpayment.