reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Assessment › Section 361A.140 - Application for property containing less than 20 acres: Forwarding to Department for review

Current through June 11, 2024
If a county assessor receives an application for agricultural use assessment for property containing less than 20 acres, the county assessor shall forward the application within 10 days after the date on which he receives the application to the Department for review and qualification of property as agricultural real property.
Added to NAC by Tax Comm'n by R030-03, eff. 12-4-2003
NRS 360.090, 360.250, 361A.110
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Assessment › Section 361A.150 - Determination of whether activities qualify as agricultural pursuits

Current through June 11, 2024
1. The assessing authority must determine from field inspection and other available information whether the activities conducted on the property qualify as agricultural pursuits.
2. In addition to the agricultural pursuits described in NRS 361A.030, including, raising crops, livestock, poultry, fur-bearing animals and bees, and dairying, the following activities qualify as an agricultural pursuit provided that the pursuit conducted is in accordance with generally accepted agricultural practices:
(a) Aquatic agriculture, including, without limitation, hydroponic gardens;
(b) Intensively produced fruits and vegetables, including, without limitation, fruits and vegetables produced in greenhouses; and
(c) Experimental crop production.
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Assessment › Section 361A.160 - Determination of whether operator is engaged in business venture for profit

Current through June 11, 2024
1. Upon a determination that an activity on the land qualifies as an agricultural pursuit, the assessing authority must then determine whether the operator is engaged in the agricultural pursuit as a business venture for profit. When determining whether an operator is engaged in a business venture for profit, reasonable profit and the expectation of a reasonable profit are not affected by any independent intervening causes of production failure or nonproductive use that are beyond the control of the operator, including, without limitation, land idle under government programs. Property not otherwise fulfilling the requirements to be considered as land on which an agricultural pursuit is conducted may still qualify as such if there are extenuating circumstances, including, without limitation, use of the land for an orchard or other perennial crops with a long maturation period that have not yet matured.
2. To qualify as a business venture for profit, an agricultural pursuit must raise the expectation of profit consistent with:
(a) The size of the property used in the operation;
(b) The capacity of the property, including, without limitation, suitability, terrain, availability of water, soil capabilities, type of vegetation grown, growing season, animal unit months, animal units and animal unit equivalents;
(c) The viability of the property, including, without limitation, the cost and availability of water, soil capacities, market proximity, fencing and suitability of the property for other uses; and
(d) Any other factors or criteria that the assessing authority deems appropriate under the circumstances.
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Assessment › Section 361A.170 - Categorization and valuation of land devoted to agriculture

Current through June 11, 2024
Land devoted to agriculture must be categorized and valued pursuant to the classifications in the Agricultural Instructions Bulletin that is annually prepared by the Commission in accordance with NRS 361A.140.
Added to NAC by Tax Comm'n by R030-03, eff. 12-4-2003
NRS 360.090, 360.250, 361A.130, 361A.140
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Assessment › Section 361A.180 - Annual study of value of lands designated for agricultural use

Current through June 11, 2024
1. On or before the first Monday in October of each year, the Department shall conduct a study of the value of lands designated for agricultural use and present the study for approval by the Commission. The Commission will incorporate the results of the study so approved into the bulletin prepared pursuant to NRS 361A.140 for use by county assessors.
2. The study conducted by the Department must, in accordance with NRS 361.325, be based on the productivity of the land. Productive capability of land may be determined by the classification of land and application of a capitalized earnings approach as follows:
(a) For cultivated and native meadow or wild hay lands:
(1) Agricultural income for lands designated as cultivated may be projected by developing estimates of gross income based on average commodity prices. Sources of commodity prices of agricultural products which the Department may use include, without limitation, the Nevada Agricultural Statistics Service and a survey of growers and local buyers.
(2) A net operating income must be determined by subtracting an estimated allocation for expenses from the gross income. Expenses for lands must be appropriate to the type of land being valued and may include the typical costs for water and the maintenance of irrigation systems, and loss in production due to necessary management practices, such as loss in production during the seed year or the first year of the hay stand. The expenses subtracted from the gross income results in a net operating income.
(3) A 5-year weighted average of net operating income may be capitalized into an indication of the value of the land per acre by multiplying the yield per acre, measured in tons per acre, by the net income per ton and then dividing the result by the capitalization rate. The result must be multiplied by the level of assessment to obtain an assessed value per acre.
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Conversion to Higher Use › Section 361A.210 - "Physical alteration" interpreted

Current through June 11, 2024
The Commission will interpret the term "physical alteration," as used in NRS 361A.031, to mean the application of man-made changes, including, without limitation, changes in the contour of the land, removal of native plant life, diversion of water channels and building site improvements intended to enable the land to be used for purposes other than agricultural uses.
Added to NAC by Tax Comm'n by R030-03, eff. 12-4-2003
NRS 360.090, 360.250, 361A.031
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Conversion to Higher Use › Section 361A.220 - Determination of whether final map or parcel map creates parcels not intended for agricultural use

Current through June 11, 2024
If a final map or parcel map has been recorded, the county assessor must determine whether the map creates one or more parcels not intended for agricultural use. In making such a determination, the county assessor must consider:
1. The size of the parcel or parcels being created;
2. The capacity of the property, including, without limitation, suitability, terrain, availability of water, soil capabilities, type of vegetation grown, growing season, animal unit months and animal units;
3. The viability of the property, including, without limitation, cost and availability of water, soil capacities, market proximity, fencing and suitability of the property for other uses; and
4. Any other factors or criteria that the assessing authority deems appropriate under the circumstances.
Added to NAC by Tax Comm'n by R030-03, eff. 12-4-2003
NRS 360.090, 360.250
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Conversion to Higher Use › Section 361A.230 - Conversion of property by county assessor

Current through June 11, 2024
If the county assessor finds that a property has been converted to a higher use or otherwise becomes aware that such a conversion has taken place, the county assessor must convert the property, or that portion of the property no longer qualifying as agricultural property, to a higher use.
Added to NAC by Tax Comm'n by R030-03, eff. 12-4-2003
NRS 360.090, 360.250
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › AGRICULTURAL PROPERTY › Conversion to Higher Use › Section 361A.240 - Calculation of deferred tax when property is converted

Current through June 11, 2024
To calculate the amount of deferred tax that must be assessed when property is converted to a higher use:
1. The county assessor must determine what the taxable value of the property would have been pursuant to the provisions of this chapter and NRS 361.227 for the fiscal year in which the conversion took place and for the 6 previous fiscal years. The value of the land must be established based on the taxable value of comparable property for the 6 previous fiscal years.
2. Using the taxable value so derived, the amount of taxes for each fiscal year in which taxes would have been due and payable must then be calculated. The tax rate to be applied to the assessed value must be the rate used in the year for which the taxable value is established.
3. The amount of taxes paid or payable based on the agricultural use assessment must then be subtracted from the amount of taxes calculated pursuant to subsection 2. The resulting difference is the amount of deferred tax which must be added on the next property tax statement pursuant to NRS 361A.280 if the deferred tax has not already been paid.
Added to NAC by Tax Comm'n by R030-03, eff. 12-4-2003
NRS 360.090, 360.250, 361A.155, 361A.280
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.310 - Definitions

Current through June 11, 2024
As used in NAC 361A.310 to 361A.440, inclusive, unless the context otherwise requires, the words and terms defined in NAC 361A.320 to 361A.370, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.320 - "Converted to a higher use" defined

Current through June 11, 2024
"Converted to a higher use" has the meaning ascribed to it in NRS 361A.031.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.330 - "Golf course" defined

Current through June 11, 2024
"Golf course" has the meaning ascribed to it in NRS 361A.0315.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.340 - "Golf course land" defined

Current through June 11, 2024
"Golf course land" means the land underlying:
1. A golf course;
2. Any related improvements used in connection with that golf course; and
3. Any appurtenant areas that are necessary for the use of any property described in subsection 1 or 2.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.350 - "Golfing improvements" defined

Current through June 11, 2024
"Golfing improvements" means any improvements to land which are typical and necessary for the use of the property as a golf course, including, without limitation, tees, fairways, bunkers, greens, trees, turf, irrigation, lakes, lake liners, bridges, practice ranges, cart paths, trails and service roads.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.360 - "Marshall and Swift" defined

Current through June 11, 2024
"Marshall and Swift" means the applicable manual published or furnished by the Marshall and Swift Publication Company, as that manual existed on October 1 of the year immediately preceding the current assessment year.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.370 - "Related improvements" defined

Current through June 11, 2024
"Related improvements" means any improvements to land, other than golfing improvements, which are used in connection with a golf course, including, without limitation, clubhouses, pro shops, restaurants, parking lots, swimming pools, tennis courts, maintenance buildings and areas, and nurseries.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.380 - Applicability

Current through June 11, 2024
The provisions of NAC 361A.310 to 361A.440, inclusive, apply to the determination by a county assessor of the taxable value of real property used as a golf course for the purposes of chapter 361A of NRS.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225, 361A.280
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.390 - Golf course land: Determination of taxable value for open-space use

Current through June 11, 2024
A county assessor shall:
1. Determine the value of the golf course land in the same manner as the county assessor would determine the taxable value of the land for purposes other than open-space use;
2. Multiply the amount of acreage of the golf course land by the product obtained by multiplying $2,860 by 1 plus the percentage change in the Consumer Price Index (All Items) for July 1 immediately preceding the date of valuation as compared to July 1, 2004; and
3. If the value calculated pursuant to subsection 1 is:
(a) Greater than or equal to the value calculated pursuant to subsection 2, use the value calculated pursuant to subsection 2 as the taxable value for open-space use of the golf course land; or
(b) Less than the value calculated pursuant to subsection 2, use the product obtained by multiplying the value calculated pursuant to subsection 1 by an open-space discount factor of 0.74 as the taxable value for open-space use of the golf course land.
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.400 - Golfing improvements: Determination of taxable value for open-space use

Current through June 11, 2024
A county assessor shall:
1. Determine the replacement cost of the golfing improvements as provided in NAC 361A.410;
2. Subtract from the amount determined pursuant to subsection 1 an amount for the depreciation of the golfing improvements, calculated at 1.5 percent of the amount determined pursuant to subsection 1 for each year of the adjusted actual age of the golfing improvements, up to a maximum of 50 years; and
3. Multiply the remainder determined pursuant to subsection 2 by a factor for the obsolescence of the golfing improvements, calculated as provided in NAC 361A.420.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.410 - Golfing improvements: Determination of replacement cost

Current through June 11, 2024
1. For the purposes of subsection 1 of NAC 361A.400, a county assessor shall determine the replacement cost of the golfing improvements for a golf course in accordance with the provisions of this section.
2. Except as otherwise provided in subsection 3, the class of a golf course must be determined by the sum of the number of points assigned to the golf course in accordance with the following criteria:
(a) A golf course must be assigned the number of points which is most nearly equal to the amount calculated by:
(1) Dividing the number 18 by the number of holes on the golf course; and
(2) Multiplying the figure obtained pursuant to subparagraph (1) by the total acreage of the golf course land.
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.420 - Golfing improvements: Calculation of factor for obsolescence

Current through June 11, 2024
For the purposes of subsection 3 of NAC 361A.400, a county assessor shall:
1. Determine the number of rounds of golf played on a golf course during the 12-month period ending on June 30 immediately preceding the date of valuation;
2. Determine the number of rounds of golf played on that golf course during the busiest month of that period;
3. Multiply the number determined pursuant to subsection 2 by 12;
4. Divide the number determined pursuant to subsection 1 by the number determined pursuant to subsection 3; and
5. Apply the figure determined pursuant to subsection 4 as the factor for the obsolescence of the golfing improvements.
Added to NAC by Tax Comm'n by R010-07, eff. 10-31-2007
NRS 360.090, 360.250, 361A.225
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.430 - Determination of taxable value of real property used as golf course and related improvements and personal property

Current through June 11, 2024
A county assessor shall:
1. Except as otherwise provided in subsection 3:
(a) Determine the taxable value for open-space use of real property used as a golf course by adding the amounts determined pursuant to subsection 3 of NAC 361A.390 and subsection 3 of NAC 361A.400;
(b) Determine the taxable value of any related improvements used in connection with that golf course in the same manner as the county assessor would determine the value of similar improvements that are not used in connection with a golf course; and
(c) Determine the taxable value of any personal property used in connection with that golf course in the same manner as the county assessor would determine the value of similar property that is not used in connection with a golf course;
Nevada Administrative Code › Chapter 361A - Taxes on Agricultural Real Property and Open Space › GOLF COURSES › Section 361A.440 - Calculation of deferred tax due when property is converted to higher use

Current through June 11, 2024
If a golf course or any portion thereof is converted to a higher use, the county assessor shall calculate the deferred tax due on the real property converted to a higher use on the basis of the difference between:
1. The taxable value of that property for each pertinent fiscal year as determined in accordance with NAC 361A.390 to 361A.430, inclusive; and
2. The taxable value of that property for each pertinent fiscal year as determined by adding:
(a) The applicable amount determined pursuant to subsection 1 of NAC 361A.390; and
(b) The applicable product determined pursuant to subsection 3 of NAC 361A.400, except that for the purposes of this subsection, the taxable value of that property must not exceed its full cash value.
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › GENERAL PROVISIONS › Section 362.001 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 362.005 to 362.008, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC by Tax
				Comm'n by R058-11, 12-30-2011, eff. 1-1-2012
NRS
				  NRS
				  360.090
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › GENERAL PROVISIONS › Section 362.005 - "Department" defined

Current through June 11, 2024
"Department" means the Department of Taxation.
Added to NAC by Tax
				Comm'n by R048-01, eff. 11-1-2001; A by R058-11, 12-30-2011, eff.
				1-1-2012
NRS
				  NRS
				  360.090
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › GENERAL PROVISIONS › Section 362.006 - "Developmental work" defined

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, "developmental work" means any activities
			 performed on the property of a mine which outline the location of the mineral
			 reserves of the mine or prepare the mineral reserves of the mine for
			 production, including, without limitation, drilling, rock work and the
			 construction of support systems to increase the mineral reserves of the
			 mine.
2. The term does not include
			 any mineral exploration.
Added to NAC by Tax
				Comm'n by R058-11, 12-30-2011, eff. 1-1-2012
NRS
				  NRS
				  360.090
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › GENERAL PROVISIONS › Section 362.007 - "Mineral exploration" defined

Current through June 11, 2024
"Mineral exploration" means any activities relating to the
				search for mineral reserves which do not occur during the development or
				production stages of a mine, including drilling, sampling, assaying,
				metallurgical testing, engineering studies, studies of economic feasibility and
				procedures to obtain appropriate permits.
Added to NAC by Tax
				Comm'n by R058-11, 12-30-2011, eff. 1-1-2012
NRS
				  NRS
				  360.090
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › GENERAL PROVISIONS › Section 362.008 - "Mineral reserves" defined

Current through June 11, 2024
"Mineral reserves" means the portion of a measured or indicated
				mineral resource that has been analytically determined to justify mining,
				taking into account, at the time of that determination, any mining,
				metallurgical, marketing, legal, environmental, social, economic and other
				conditions which apply to that determination.
Added to NAC by Tax
				Comm'n by R058-11, 12-30-2011, eff. 1-1-2012
NRS
				  NRS
				  360.090
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.010 - Determination of gross value of mineral products

Current through June 11, 2024
1. For
				the purposes of assessment and taxation of the net proceeds of minerals
				pursuant to chapter 362 of NRS, the gross value of mineral products must be
				determined in accordance with the provisions of this section.
2. In those cases where a mineral product is
				sold by the producer in an arms-length transaction in free market competition,
				the gross value of the product is an amount equal to the proceeds of the sale
				of the product. This subsection applies to sales realized on all minerals
				produced from mining, including, without limitation, reduction, beneficiation
				or any treatment used by the producer within or outside this State to obtain a
				mineral product which is commercially marketable.
3. In those cases where a product is
				exchanged for any thing or service or removed from the State in a form ready
				for use or sale, but not used or sold during the period covered by the
				statement required by NRS NRS 362.110 to be filed, the gross value of the
				product is:
(a) For sales of minerals that do
				not involve derivative financial transactions, the price stated in the contract
				or other document of sale if one is in existence; or
(b) If minerals are transferred in kind or
				used to support derivative financial transactions, the closing spot price on
				the date of the taxable event. The spot price for precious metals will be
				determined by the Department by using a recognized national or international
				publication of prices such as the London PM fix. If no organized commodity
				exchange exists for a particular mineral product, the price will be the
				realized sales price of the mineral product.
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.020 - Separate report of royalties

Current through June 11, 2024
All royalties received by a lessor must be reported
				  separately from other receipts.
Tax Comm'n, Mine
				  Proceeds Reg. No. 21, eff. 6-28-65; A and renumbered as Reg. No. 6,
				  1-22-79
NRS
					 360.090,
					 362.110
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.030 - Annual statement of gross yield and claimed net proceeds: Form and contents

Current through June 11, 2024
1. All information
				in the statement which is required by NRS NRS NRS 362.110 to be filed must be
				submitted on forms supplied by the Department or in a manner which is
				acceptable to the Department.
2.
				The following property must be reported:
(a)
				Leasehold improvements and buildings;
(b) Fixed machinery and equipment;
(c) Mobile machinery and equipment;
				and
(d) Automobiles and light
				service vehicles such as pickups and panel trucks.
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.035 - Deductions: Interpretation of certain statutory terms

Current through June 11, 2024
For the purposes of:
1. Paragraph (k) of subsection 3 of
				NRS
				362.120, the Nevada Tax Commission will
				interpret the term "developmental work" to have the meaning ascribed to it in
				NAC 362.006.
2. Paragraph (c) of subsection 7 of
				NRS
				362.120, the Nevada Tax Commission will
				interpret the term "costs of severing the employment of any employees" to:
(a) Exclude, without limitation, the costs
				of:
(1) Any wages, salary or production
				bonuses earned by an employee before the date of termination of his or her
				employment; and
(2) Any pension
				benefits, vacation leave and sick leave accrued by an employee before the date
				of termination of his or her employment; and
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.040 - Deductions: Depreciation of capitalized costs

Current through June 11, 2024
1.
				Leasehold improvements and buildings must be depreciated over a 20-year period
				using the straight-line method.
2.
				Fixed machinery and equipment must be depreciated over a 20-year period using
				the straight-line method.
3. Mobile
				machinery and equipment must be depreciated over a 10-year period using the
				straight-line method.
4.
				Automobiles and light service vehicles must be depreciated over a 5-year period
				using the straight-line method.
5.
				An integrated processing assembly must be depreciated over a 20-year period
				using the straight-line method. Subsequent additions to the unit must also be
				reported and be depreciated over a 20-year period using the straight-line
				method.
6. If any property is
				disposed of before the end of the depreciation period, the remaining amount of
				allowable depreciation, if the property had remained in use, may be reported in
				total as an additional expense of depreciation for the reporting period. The
				amount of depreciation must be reduced by the amount of any consideration
				received for the property from sale, insurance recovery, trade-in or any other
				reimbursement, but not below zero.
7. A mining operator may petition the Nevada
				Tax Commission for reconsideration of the allowable depreciation of property.
				The Commission may adjust the allowable depreciation if the petitioner presents
				satisfactory evidence that the expected life of the property is longer than
				that which is provided for in this section.
Tax Comm'n, Mine
				  Proceeds Reg. No. 3 § 2, eff. 8-6-80-NAC A 9-13-91; R161-05, 2-23-2006;
				  R172-12, 12-23-2013
NRS
					 360.090,
					 362.120
REVISER'S NOTE.
The regulation of the Nevada Tax Commission filed with the
					 Secretary of State on December 23, 2013 (LCB File No. R172-12), which amended
					 this section, contains the following provision not included in NAC:
"Sec. 4. Sections 1, 2 and 3 of this regulation [NAC
					 362.040 and 362.368 ] do not apply to or affect:
1. Any depreciation of assets approved by the Nevada Tax
					 Commission before December 23, 2013; or
2. Any powers or duties of the Department of Taxation or
					 any mining operator relating to any depreciation of assets approved by the
					 Nevada Tax Commission before December 23,
					 2013."
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.050 - Deductions: Operating costs

Current through June 11, 2024
1. In computing the costs enumerated in
				subsection 3 of
				NRS
				362.120, the following specific items are
				deductible except as limited by subsection 2 of this section and subsection 6
				of
				NRS
				362.120:
(a)
				The cost of renting equipment, if the amount paid as rental is commercially
				reasonable in the circumstances;
(b) The cost of contracting for all or part
				of the mine's operations, if the contract price is commercially reasonable in
				the circumstances and the cost would otherwise be deductible if the service or
				activity contracted for was provided or performed directly by the operator of
				the mine;
(c) The cost of
				Nevada-based corporate services, as defined in subsection 8 of
				NRS
				362.120, which a Nevada mine receives under
				contract from its corporate office or the office of a related corporation, if:
(1) The cost is commercially reasonable in
				the circumstances; and
(2) The cost
				is separately stated in a manner consistent with good accounting
				practices;
(d) The
				reasonable cost of management provided to a joint venture by a member, if the
				fees relate directly to the operation of the mine;
(e) If the taxpayer has a policy which
				prohibits the personal use of a vehicle by an employee, the cost of vehicle
				allowances to the extent that the vehicle is actively engaged in the business
				of the mine;
(f) The cost of
				transportation services between points of origin and destination within this
				State provided by a third party or the owner of the mine for employees to get
				to and from a point of extraction or reduction of the mine, excluding any cost
				for the repair, maintenance and depreciation of any facilities or equipment
				under the jurisdiction of the Public Utilities Commission of Nevada or the
				Nevada Transportation Authority; and
(g) The cost of compensation for employees.
				As used in this paragraph, "compensation" means wages, salaries, paid vacation
				leave, paid sick leave, performance-related bonuses, contributions to and
				administrative costs of qualified pension and retirement plans, 401k and
				similar deferred benefit plans, Medicare contributions, social security
				payments, state and federal unemployment compensation contributions or
				payments, and postemployment training expenses for training conducted in
				compliance with the Mine Safety and Health Administration and the Division of
				Industrial Relations of the Department of Business and Industry or their
				successor organizations.
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.060 - Deductions: Electric power

Current through June 11, 2024
1. The installation
				of power and light lines is a capital charge, while the upkeep and purchase
				costs of electric power are operating costs.
2. When electric power is generated and
				distributed to various departments, the upkeep of the power plant must be
				written off, and the distribution of the power is an operating cost. New
				engines, boilers and similar equipment are chargeable to a capital
				account.
Tax Comm'n, Mine
				  Proceeds Reg. No. 8, eff. 6-8-65; A and renumbered as Reg. No. 4, 1-22-79-NAC A
				  by R048-01, 11-1-2001
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.070 - Deductions: Loading and transportation costs

Current through June 11, 2024
The actual cost of transporting the product of the mine to
				  the place of reduction, refining and sale, is affected directly by both
				  demurrage charged and dispatch earned credits. These charges and credits become
				  a part of the cost of loading and unloading ore. Additional assessments for
				  demurrage penalties incurred for any cause increases the cost of loading and
				  transportation; dispatch earned credit paid for efficiency in loading or
				  unloading vessels or other transport equipment directly reduces the cost of
				  transportation. The actual cost of loading is the gross cost less any dispatch
				  earned credits plus any demurrage.
Tax Comm'n, Mine
				  Proceeds Reg. No. 26, eff. 4-24-69; renumbered as Reg. No. 15, 11-9-78; A and
				  renumbered as Reg. No. 5, 1-22-79
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.081 - Date of receipt of material mailed to Commission

Current through June 11, 2024
1. An annual statement which is required to
				be filed pursuant to NRS 362.110 and which is transmitted through the United
				States mail shall be deemed to have been received on the date shown by the post
				office cancellation mark stamped on the envelope containing it, or on the date
				it was mailed if proof satisfactory to the Commission establishes that the
				document or remittance was timely deposited in the United States mail, postage
				prepaid, and properly addressed to the Commission.
2. A receipt for material sent by certified
				or registered mail, if different than the post office cancellation mark, will
				prevail if the date on the receipt is earlier than the cancellation
				date.
3. A record authenticated by
				the post office that the cancellation date on certain batches of mail was
				erroneous is proof satisfactory to the Commission that the mailing was made on
				a date other than the post office cancellation date.
4. If it is known that the postal service was
				inoperative at a certain time due to strikes, riots, warfare, acts of God or
				other reasons, the Commission will consider the circumstances and, if there is
				other evidence of timely mailing, will accept the evidence and deem the return
				or payment timely.
5. Under no
				circumstances will:
(a) The cancellation date
				affixed by a postage meter in the possession of the taxpayer or other person;
				or
(b) Statements by the taxpayer
				or the taxpayer's employees,
be considered sufficient to refute the post office
				  cancellation date as the date of mailing.
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.083 - Annual statement of gross yield and claimed net proceeds: Failure to include all applicable information, documentation, reports and statements

Current through June 11, 2024
If a taxpayer submits an annual statement which is required
				  to be filed pursuant to NRS 362.110 and which does not include all applicable
				  information, documentation, reports and statements, the Department may require
				  the taxpayer to resubmit the annual statement with all applicable information,
				  documentation, reports and statements within 10 days after receiving notice
				  from the Department. If all applicable information, documentation, reports and
				  statements are not included with the statement upon the resubmission of the
				  statement, the Department may consider the taxpayer to have failed to file the
				  statement.
Added to NAC by Tax
				  Comm'n by R161-05, eff. 2-23-2006
NRS
					 360.090,
					 362.110
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.085 - Annual statement of gross yield and claimed net proceeds: Penalty for failure to file

Current through June 11, 2024
If a taxpayer fails to file the statement required by NRS NRS
				  362.110, the Department shall impose a penalty pursuant to
				  NRS
				  362.230 in the following amounts:
1. For net proceeds or royalties not
				exceeding $5,000, the penalty is 10 percent of the net proceeds or royalties or
				$100, whichever is less.
2. For net
				proceeds or royalties greater than $5,000 but not exceeding $10,000, the
				penalty is $500.
3. For net
				proceeds or royalties greater than $10,000 but not exceeding $50,000, the
				penalty is $1,000.
4. For net
				proceeds or royalties greater than $50,000 but not exceeding $100,000, the
				penalty is $2,500.
5. For net
				proceeds or royalties of more than $100,000, the penalty is $5,000.
Added to NAC by Tax
				  Comm'n, eff. 9-6-96; A by R161-05, 2-23-2006
NRS
					 360.090,
					 362.230
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.087 - Annual statement of gross yield and claimed net proceeds: Documentation of proper filing and waiver of penalty for failure to file

Current through June 11, 2024
If the Department does not receive an annual statement which
				  is required to be filed pursuant to NRS 362.110 and alleges that the taxpayer
				  has not filed the statement, the taxpayer may submit documentation which
				  establishes that the statement was properly filed. If the Department
				  subsequently determines the annual statement was filed properly, the Department
				  shall waive the penalty for the failure to file a statement which is imposed
				  pursuant to NAC 362.085.
Added to NAC by Tax
				  Comm'n by R161-05, eff. 2-23-2006
NRS
					 360.090, 362.110,
					 362.230
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › General Provisions › Section 362.090 - Report of amount of net proceeds of minerals taxes plus pro rata penalties and interest; distribution

Current through June 11, 2024
1. The Department
				shall report to the State Controller pursuant to NRS NRS 362.170 on or before
				May 25 the amount of any net proceeds of minerals taxes plus pro rata penalties
				and interest collected for distribution to each county.
2. The Department shall distribute penalties
				and interest pursuant to NRS NRS 362.170 in the same manner and percentage as
				computed for the net proceeds of minerals tax for each county.
Added to NAC by Tax
				  Comm'n, eff. 9-6-96; A by R048-01, 11-1-2001
NRS
					 360.090,
					 362.170
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Deductions for Reclamation Costs › Section 362.200 - Definitions

Current through June 11, 2024
As used in NAC 362.200 to 362.310, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 362.210 to
				  362.290, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Tax
				  Comm'n by R161-05, eff. 2-23-2006; A by R058-11, 12-30-2011, eff.
				  1-1-2012
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Deductions for Reclamation Costs › Section 362.210 - "Closure of a mine" defined

Current through June 11, 2024
"Closure of a mine" means the time at which:
1. The revegetation, treatment and
				rehabilitation of the site of the mine have been completed;
2. Any excess chemical solutions have been
				eliminated from the site of the mine, to the extent practicable;
3. The maximum degree of passive management
				has been implemented at the site of the mine in which a method of treatment is
				applied through the use of any naturally occurring chemical or biological
				processes to remove any metals or acidity from any waters of the mine which
				have been contaminated to cleanse the waters from such contamination;
				and
4. A monitoring program has
				been implemented to monitor the site of the mine after the production of the
				mine has been completed.
Added to NAC by Tax
				  Comm'n by R161-05, eff. 2-23-2006
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Deductions for Reclamation Costs › Section 362.250 - "Reclamation" defined

Current through June 11, 2024
"Reclamation" means actions performed during or after a
				  mining operation or developmental work which are consistent with the provisions
				  of NRS concerning mines and minerals, and any regulations adopted pursuant
				  thereto, and which are identified in a reclamation plan to shape, stabilize,
				  revegetate or otherwise treat the land in order to return it to a safe, stable
				  condition consistent with the establishment of a productive postmining use of
				  the land and the abandonment of a facility in a manner which ensures the public
				  safety, as well as the encouragement of techniques which minimize the adverse
				  visual effects. The term does not include any action performed after the
				  closure of a mine.
Added to NAC by Tax
				  Comm'n by R161-05, eff. 2-23-2006
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Deductions for Reclamation Costs › Section 362.270 - "Reclamation plan" defined

Current through June 11, 2024
"Reclamation plan" means a plan for reclamation, and any
				  amendments or modifications thereto, which is approved by:
1. The Division of Environmental Protection
				of the State Department of Conservation and Natural Resources pursuant to
				chapter 519A of NRS for a mining operation or developmental work which is
				conducted on land administered by this State;
2. The Bureau of Land Management of the
				Department of the Interior pursuant to 43 C.F.R. Part 3800 for a mining
				operation or developmental work which is conducted on land administered by a
				federal agency; or
3. Any other
				state or federal agency pursuant to any state or federal law which:
(a) Imposes a duty to reclaim the land
				disturbed by a mining operation or developmental work; or
(b) Requires a permit to engage in a mining
				operation or developmental work which is substantially similar to the
				requirements for a permit set forth in chapter 519A of NRS and any regulations
				adopted pursuant thereto.
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Deductions for Reclamation Costs › Section 362.280 - "Reporting period" defined

Current through June 11, 2024
"Reporting period" means the calendar year for which the
				  statement required by NRS 362.110 is filed.
Added to NAC by Tax
				  Comm'n by R161-05, eff. 2-23-2006
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Deductions for Reclamation Costs › Section 362.290 - "Taxpayer" defined

Current through June 11, 2024
"Taxpayer" means a person who is required by the Department
				  to pay a tax on the net proceeds of any mineral extracted in this State
				  pursuant to chapter 362 of NRS.
Added to NAC by Tax
				  Comm'n by R161-05, eff. 2-23-2006
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Deductions for Reclamation Costs › Section 362.310 - Allowable deduction

Current through June 11, 2024
A taxpayer may claim a deduction pursuant to paragraph (l) of
				  subsection 3 of
				  NRS
				  362.120 for any money paid during the
				  reporting period for reclamation performed by the taxpayer.
Added to NAC by Tax
				  Comm'n by R161-05, eff. 2-23-2006; A by R058-11, 12-30-2011, eff. 1-1-2012;
				  R058-11, 12-30-2011, eff. 1-1-2014
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Geothermal Resources › Section 362.350 - Definitions

Current through June 11, 2024
As used in NAC 362.350 to 362.370, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 362.352 to
				  362.366, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Tax
				  Comm'n by R012-07, eff. 10-31-2007
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Geothermal Resources › Section 362.352 - "Field" defined

Current through June 11, 2024
"Field" means the area of operations from which a geothermal
				  resource is extracted and transported before any further beneficiation of the
				  geothermal resource occurs.
Added to NAC by Tax
				  Comm'n by R012-07, eff. 10-31-2007
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Geothermal Resources › Section 362.354 - "Mining function" defined

Current through June 11, 2024
"Mining function" means any activity relating to the
				  extraction of a geothermal resource, including, but not limited to, any
				  drilling, pumping, reinjection, roadwork or transportation of the geothermal
				  resource, if the activity occurs before any further processing of the
				  geothermal resource by a system for gathering the geothermal resource.
Added to NAC by Tax
				  Comm'n by R012-07, eff. 10-31-2007
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Geothermal Resources › Section 362.356 - "Plant" defined

Current through June 11, 2024
"Plant" means any facility at which the processing of a
				  geothermal resource occurs, including, without limitation, a plant for
				  generating power.
Added to NAC by Tax
				  Comm'n by R012-07, eff. 10-31-2007
NRS
					 360.090,
					 362.120
Nevada Administrative Code › Chapter 362 - Taxes on Patented Mines and Proceeds of Minerals › PROCEEDS OF MINERALS › Geothermal Resources › Section 362.358 - "Processing" defined

Current through June 11, 2024
"Processing" means any activity that occurs beyond the inlet
				  of a plant that:
1. Changes the
				physical or chemical characteristics of the production stream of a geothermal
				resource; or
2. Enhances the
				marketability of the production stream or the value of any separate component
				of the production stream.
The term includes, without limitation, any beneficiation,
				  compression, flashing, separation or stabilization that occurs within the
				  plant, other than any reinjection, regulation of wellhead pressure, changing of
				  pressures or temperatures in a reservoir or any other compression that occurs
				  during the production of the geothermal resource.
Added to NAC by Tax
				  Comm'n by R012-07, eff. 10-31-2007
NRS
					 360.090,
					 362.120