Nevada Administrative Code
Chapter 370 - Tobacco: Licenses and Taxes; Supervision of Manufacturers
MANUFACTURERS OF TOBACCO PRODUCTS
Section 370.330 - Nonparticipating manufacturer: Requirements for quarterly escrow deposits and reports; noncompliance with requirements
Universal Citation: NV Admin Code 370.330
Current through September 16, 2024
1. A nonparticipating manufacturer shall make escrow deposits in quarterly installments for the calendar year in which the sales covered by those deposits are made if:
(a) The nonparticipating
manufacturer:
(1) Has not previously
established a qualified escrow fund and made escrow deposits to that fund for
sales in Nevada;
(2) Has not made
any escrow deposits for more than 1 year;
(3) Has failed to make any escrow deposits in
a complete and timely manner for any prior calendar year;
(4) Has failed to pay any judgments entered
against the nonparticipating manufacturer in any jurisdiction, including,
without limitation, any judgments for any civil penalties arising from a
failure to comply with the law of any jurisdiction requiring a deposit into a
qualified escrow fund; or
(5) Sells
more than 1.6 million cigarettes in Nevada during a calendar quarter;
or
(b) The Department,
in consultation with the Attorney General:
(1)
Has reasonable cause to believe that the nonparticipating manufacturer may not
make the entire annual escrow deposit otherwise required by subsection 2 of
NRS
370A.140 in a timely manner for a particular
year; and
(2) Serves the
nonparticipating manufacturer with a notice that the nonparticipating
manufacturer is required to make quarterly installments for that
year.
2. A nonparticipating manufacturer who is required to make a quarterly installment pursuant to this section shall:
(a) Deposit
the full amount of that installment on or before the last day of the month
following the calendar quarter in which the sales covered by the installment
are made; and
(b) Not later than 10
days after the last date upon which that installment is required pursuant to
paragraph (a), provide the Attorney General with a quarterly report that
includes such information as the Attorney General determines to be necessary to
ascertain whether the nonparticipating manufacturer is in compliance with
NRS 370.600
to
370.705,
inclusive, chapter 370A of NRS and NAC 370.300 to 370.330, inclusive. The
report required pursuant to this paragraph must be provided:
(1) On a form prescribed by the Attorney
General; or
(2) Electronically, in
a format prescribed by the Attorney General.
3. If a nonparticipating manufacturer fails to comply with any provision of subsection 2, the Department shall:
(a) Serve the nonparticipating manufacturer
with a notice that the Department will remove the name and brand families of
the nonparticipating manufacturer from the directory in 5 days, excluding
weekends and holidays, unless the nonparticipating manufacturer fully complies
with the provisions of subsection 2 within that time; and
(b) Upon the expiration of 5 days, excluding
weekends and holidays, after the service of the notice pursuant to paragraph
(a), remove the name and brand families of the nonparticipating manufacturer
from the directory unless the nonparticipating manufacturer has fully complied
with the provisions of subsection 2 within that time.
Added to NAC by Tax Comm'n by R191-05, eff. 11-13-2006
NRS 360.090, 370.510, 370.690
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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