[Rev. 11/21/2013 1:06:58 PM--2013]

CHAPTER 680B - FEES AND TAXES

NRS 680B.010        Fees.

NRS 680B.020        State license exclusive; exception.

NRS 680B.025        General tax on premiums: Definitions.

NRS 680B.027        General tax on premiums: Rate; time for payment; prepayment; supplemental statements.

NRS 680B.030        General tax on premiums: Annual report by insurer.

NRS 680B.032        General tax on premiums: Certain insurers to file quarterly report and make quarterly payment; overpayment of tax.

NRS 680B.033        General tax on premiums: Computation of tax for factory mutuals.

NRS 680B.035        General tax on premiums: Payments by domestic insurers.

NRS 680B.0353      General tax on premiums: Payments by certain risk retention groups.

NRS 680B.0355      Insurer to provide statement to insureds if portion of premium is attributable to general premium tax, fees or assessments under certain circumstances.

NRS 680B.036        General tax on premiums: Credit for policies of industrial insurance.

NRS 680B.0365      General tax on premiums: Credit for qualified equity investments.

NRS 680B.037        General tax on premiums: Tax in lieu of other taxes.

NRS 680B.039        General tax on premiums: Penalty.

NRS 680B.0395      General tax on premiums: Exemption for authorized reinsurer.

NRS 680B.040        Independently procured coverages: Report; tax; penalty.

NRS 680B.050        General tax on premiums: Credit if home office or regional home office in Nevada.

NRS 680B.055        General tax on premiums: Eligibility for credit where home office or regional home office owned by limited partnership; proportion of ad valorem tax qualified for credit.

NRS 680B.060        General tax on premiums: Collection; credit; payment under protest; deposit of taxes collected which are attributable to industrial insurance.

NRS 680B.070        Assessment for National Association of Insurance Commissioners.

NRS 680B.120        Refund of overpayments.

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      NRS 680B.010  Fees.  The Commissioner shall collect in advance and receipt for, and persons so served must pay to the Commissioner, fees and miscellaneous charges as follows:

      1.  Insurer’s certificate of authority:

      (a) Filing initial application................................................................................... $2,450

      (b) Issuance of certificate:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive        283

             (2) For two or more kinds of insurance as so defined..................................... 578

             (3) For a reinsurer............................................................................................... 2,450

      (c) Each annual continuation of a certificate..................................................... 2,450

      (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

      (e) Registration of additional title pursuant to NRS 680A.240............................. 50

      (f) Annual renewal of the registration of additional title pursuant to NRS 680A.240    25

      2.  Charter documents, other than those filed with an application for a certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document      $10

      3.  Annual statement or report. For filing annual statement or report.............. $25

      4.  Service of process:

      (a) Filing of power of attorney..................................................................................... $5

      (b) Acceptance of service of process.......................................................................... 30

      5.  Licenses, appointments and renewals for producers of insurance:

      (a) Application and license...................................................................................... $125

      (b) Appointment fee for each insurer......................................................................... 15

      (c) Triennial renewal of each license........................................................................ 125

      (d) Temporary license................................................................................................... 10

      (e) Modification of an existing license....................................................................... 50

      6.  Surplus lines brokers:

      (a) Application and license...................................................................................... $125

      (b) Triennial renewal of each license........................................................................ 125

      7.  Managing general agents’ licenses, appointments and renewals:

      (a) Application and license...................................................................................... $125

      (b) Appointment fee for each insurer......................................................................... 15

      (c) Triennial renewal of each license........................................................................ 125

      8.  Adjusters’ licenses and renewals:

      (a) Independent and public adjusters:

             (1) Application and license................................................................................ $125

             (2) Triennial renewal of each license................................................................. 125

      (b) Associate adjusters:

             (1) Application and license.................................................................................. 125

             (2) Triennial renewal of each license................................................................. 125

      9.  Licenses and renewals for appraisers of physical damage to motor vehicles:

      (a) Application and license...................................................................................... $125

      (b) Triennial renewal of each license........................................................................ 125

      10.  Additional title and property insurers pursuant to NRS 680A.240:

      (a) Original registration............................................................................................... $50

      (b) Annual renewal........................................................................................................ 25

      11.  Insurance vending machines:

      (a) Application and license, for each machine.................................................... $125

      (b) Triennial renewal of each license........................................................................ 125

      12.  Permit for solicitation for securities:

      (a) Application for permit........................................................................................ $100

      (b) Extension of permit................................................................................................. 50

      13.  Securities salespersons for domestic insurers:

      (a) Application and license........................................................................................ $25

      (b) Annual renewal of license...................................................................................... 15

      14.  Rating organizations:

      (a) Application and license...................................................................................... $500

      (b) Annual renewal...................................................................................................... 500

      15.  Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:

      (a) Application and certificate of registration...................................................... $125

      (b) Triennial renewal................................................................................................... 125

      16.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

      17.  Certified copies of certificates of authority and licenses issued pursuant to the Code         $10

      18.  For copies and amendments of documents on file in the Division, a reasonable charge fixed by the Commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

      19.  Letter of clearance for a producer of insurance or other licensee if requested by someone other than the licensee      $10

      20.  Certificate of status as a producer of insurance or other licensee if requested by someone other than the licensee      $10

      21.  Licenses, appointments and renewals for bail agents:

      (a) Application and license...................................................................................... $125

      (b) Appointment for each surety insurer.................................................................... 15

      (c) Triennial renewal of each license........................................................................ 125

      22.  Licenses and renewals for bail enforcement agents:

      (a) Application and license...................................................................................... $125

      (b) Triennial renewal of each license........................................................................ 125

      23.  Licenses, appointments and renewals for general agents for bail:

      (a) Application and license...................................................................................... $125

      (b) Initial appointment by each insurer..................................................................... 15

      (c) Triennial renewal of each license........................................................................ 125

      24.  Licenses and renewals for bail solicitors:

      (a) Application and license...................................................................................... $125

      (b) Triennial renewal of each license........................................................................ 125

      25.  Licenses and renewals for title agents and escrow officers:

      (a) Application and license...................................................................................... $125

      (b) Triennial renewal of each license........................................................................ 125

      (c) Appointment fee for each title insurer.................................................................. 15

      (d) Change in name or location of business or in association............................... 10

      26.  Certificate of authority and renewal for a seller of prepaid funeral contracts        $125

      27.  Licenses and renewals for agents for prepaid funeral contracts:

      (a) Application and license...................................................................................... $125

      (b) Triennial renewal of each license........................................................................ 125

      28.  Licenses, appointments and renewals for agents for fraternal benefit societies:

      (a) Application and license...................................................................................... $125

      (b) Appointment for each insurer................................................................................ 15

      (c) Triennial renewal of each license........................................................................ 125

      29.  Reinsurance intermediary broker or manager:

      (a) Application and license...................................................................................... $125

      (b) Triennial renewal of each license........................................................................ 125

      30.  Agents for and sellers of prepaid burial contracts:

      (a) Application and certificate or license.............................................................. $125

      (b) Triennial renewal................................................................................................... 125

      31.  Risk retention groups:

      (a) Initial registration................................................................................................ $250

      (b) Each annual continuation of a certificate of registration.............................. 250

      32.  Required filing of forms:

      (a) For rates and policies............................................................................................ $25

      (b) For riders and endorsements.................................................................................. 10

      33.  Viatical settlements:

      (a) Provider of viatical settlements:

             (1) Application and license............................................................................ $1,000

             (2) Annual renewal............................................................................................ 1,000

      (b) Broker of viatical settlements:

             (1) Application and license.................................................................................. 500

             (2) Annual renewal................................................................................................ 500

      (c) Registration of producer of insurance acting as a viatical settlement broker 250

      34.  Insurance consultants:

      (a) Application and license...................................................................................... $125

      (b) Triennial renewal................................................................................................... 125

      35.  Licensee’s association with or appointment or sponsorship by an organization:

      (a) Initial appointment, association or sponsorship, for each organization..... $50

      (b) Renewal of each association or sponsorship...................................................... 50

      (c) Annual renewal of appointment........................................................................... 15

      36.  Purchasing groups:

      (a) Initial registration and review of an application............................................ $100

      (b) Each annual continuation of registration......................................................... 100

      37.  Exchange enrollment facilitators:

      (a) Application and certificate................................................................................ $125

      (b) Triennial renewal of each certificate.................................................................. 125

      (c) Temporary certificate.............................................................................................. 10

      (d) Modification of an existing certificate................................................................. 50

      38.  In addition to any other fee or charge, all applicable fees required of any person, including, without limitation, persons listed in this section, pursuant to NRS 680C.110.

      (Added to NRS by 1971, 1592; A 1971, 1933; 1977, 733; 1979, 1156; 1981, 1796; 1983, 824; 1985, 1818; 1987, 457, 644, 1247, 2028; 1991, 1621, 2197; 1993, 608, 1906, 2381; 1995, 579; 1997, 3017, 3375; 1999, 2785; 2001, 2184; 2003, 3280; 2005, 2114, 2117; 2009, 1766; 2013, 3597)

      NRS 680B.020  State license exclusive; exception.

      1.  Notwithstanding the provisions of any general or special law, the possession of a license or certificate of authority issued under this Code shall be authorization to transact such business as indicated in such license or certificate of authority, and shall be in lieu of all licenses, whether for regulation or revenue, required to transact insurance business within the State of Nevada; but each city, town or county may require a license for revenue purposes only for any insurance agent, broker, analyst, adjuster or managing general agent whose principal place of business is located within such city or town, or within the county outside the cities and towns of the county, respectively.

      2.  This section shall not be modified or repealed by any law of general application enacted after January 1, 1972, unless expressly referred to or expressly repealed therein.

      (Added to NRS by 1971, 1594)

      NRS 680B.025  General tax on premiums: Definitions.  For the purposes of NRS 680B.025 to 680B.039, inclusive:

      1.  “Total income derived from direct premiums written”:

      (a) Does not include premiums written or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt pursuant to sections 401, 403, 404, 408, 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.

      (b) Does not include payments received by an insurer from the Secretary of Health and Human Services pursuant to a contract entered into pursuant to section 1876 of the Social Security Act, 42 U.S.C. § 1395mm.

      (c) As to title insurance, consists of the total amount charged by the company for the sale of policies of title insurance.

      2.  Money accepted by a life insurer pursuant to an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as “total income derived from direct premiums written” either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in “total income derived from direct premiums written,” and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this State, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his or her election without the consent of the Commissioner. Any such money taxed as “total income derived from direct premiums written” is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as “return premiums” pursuant to the provisions of NRS 680B.030.

      (Added to NRS by 1983, 712; A 1985, 1124; 1987, 1430; 1991, 2028; 1993, 2817; 1999, 817; 2013, 3456)

      NRS 680B.027  General tax on premiums: Rate; time for payment; prepayment; supplemental statements.

      1.  Except as otherwise provided in NRS 680B.033, 680B.0353, 680B.050 and 690C.110, for the privilege of transacting business in this State, each insurer shall pay to the Department of Taxation a tax upon his or her net direct premiums and net direct considerations written at the rate of 3.5 percent.

      2.  The tax must be paid in the manner required by NRS 680B.030 and 680B.032.

      3.  The Commissioner or the Executive Director of the Department of Taxation may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.

      (Added to NRS by 1983, 713; A 1985, 1639; 1987, 893; 1989, 1842; 1991, 2029; 1993, 1446, 1909; 1995, 486, 577, 2165; 1997, 299, 593; 1999, 405, 1828, 3341; 2001, 115; 2005, 2120)

      NRS 680B.030  General tax on premiums: Annual report by insurer.

      1.  Each insurer and each formerly authorized insurer with respect to insurance transacted while an authorized insurer and property bondsman shall, on or before March 15 of each year, or within any reasonable extension of time therefor which the Executive Director of the Department of Taxation may for good cause have granted on or before that date, file with the Department of Taxation a report in such form as prescribed by the Executive Director of the Department of Taxation in cooperation with the Commissioner, showing total income derived from direct premiums written, including policy, membership and other fees and assessments, and all other considerations for insurance, bail or annuity contracts written during the next preceding calendar year on account of policies and contracts covering property, subjects or risks located, resident or to be performed in this State, with proper proportionate allocation of premiums as to such persons, property, subjects or risks in this State insured under policies and contracts covering persons, property, subjects or risks located or resident in more than one state, after deducting from the total income derived from direct premiums written:

      (a) The amount of return premiums; and

      (b) Dividends, savings and unabsorbed premium deposits returned to policyholders in cash or credited to their accounts.

      2.  The report must be:

      (a) Accompanied by a payment made payable to the Department of Taxation in an amount equal to all of the tax required to be paid on net direct premiums and net direct considerations written during the preceding calendar year, less any quarterly payments made for the same period pursuant to NRS 680B.032; and

      (b) Verified by the oath or affirmation of the insurer’s president, vice president, secretary, treasurer or manager.

      (Added to NRS by 1971, 1594; A 1971, 1936; 1975, 463; 1983, 714; 1991, 2029; 1993, 1909; 1995, 469; 1997, 298, 299)

      NRS 680B.032  General tax on premiums: Certain insurers to file quarterly report and make quarterly payment; overpayment of tax.

      1.  Each insurer which, pursuant to NRS 680B.027, paid or is required to pay a tax of at least $2,000 on net direct premiums and net direct considerations written during the preceding calendar year, shall file a quarterly report in such form as prescribed by the Executive Director of the Department of Taxation. Each report must be accompanied by a payment made payable to the Department of Taxation in an amount equal to the tax required to be paid on net direct premiums and net direct considerations written during the preceding calendar quarter. Each quarterly payment is due on the last day of the last month in each calendar quarter and is payable on or before the last day of the month next succeeding the calendar quarter for which the payment is due.

      2.  If an overpayment of the tax imposed by NRS 680B.027 results from the payments made pursuant to this section, the insurer shall apply the overpayment against each succeeding quarterly payment due in the current calendar year until the overpayment has been extinguished.

      (Added to NRS by 1995, 467; A 1997, 298, 299)

      NRS 680B.033  General tax on premiums: Computation of tax for factory mutuals.  Factory mutuals shall pay the tax imposed by NRS 680B.027 on all gross premiums upon policies on risks located in this state in force on December 31 next preceding, after deducting from the gross direct premiums dividends written and returns to policyholders computed at the average rate on annual policies expiring during the preceding year, whether actually paid or applied in part payment of any renewal premiums.

      (Added to NRS by 1983, 713; A 1991, 2030)

      NRS 680B.035  General tax on premiums: Payments by domestic insurers.  A domestic insurer doing business in a state in which it is not licensed and to which it does not pay a premium tax, shall report and pay the tax on that business to the State of Nevada as though that business were transacted in this state.

      (Added to NRS by 1983, 713)

      NRS 680B.0353  General tax on premiums: Payments by certain risk retention groups.  Each risk retention group which is chartered in a state other than this State and which is registered in this State pursuant to NRS 695E.140 to 695E.200, inclusive, shall pay the tax imposed by NRS 680B.027 at a rate of 2 percent.

      (Added to NRS by 2005, 2114)

      NRS 680B.0355  Insurer to provide statement to insureds if portion of premium is attributable to general premium tax, fees or assessments under certain circumstances.

      1.  If an insurer includes any portion of the general premium tax which the insurer is required to pay pursuant to NRS 680B.027 in the amount billed to its insureds for the premium for insurance, the insurer shall provide with each notice of renewal sent to its insureds a statement that a portion of the premium is attributable to the general premium tax.

      2.  If an insurer includes any portion of any annual fees or assessments that it is required to pay to the State of Nevada in the amount billed to its insureds for the premium for insurance, the insurer may provide with each notice of renewal sent to its insureds a statement that a portion of the premium is attributable to the annual fees or assessments that it is required to pay to the State of Nevada.

      (Added to NRS by 1999, 816)

      NRS 680B.036  General tax on premiums: Credit for policies of industrial insurance.

      1.  Each insurer providing industrial insurance in this state pursuant to chapters 616A to 617, inclusive, of NRS is entitled to a credit against the premium tax paid pursuant to NRS 680B.027 for its policies of industrial insurance in an amount equal to the assessment paid by the insurer to the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 232.680.

      2.  The credit provided to an insurer pursuant to subsection 1 does not expire and the insurer may carry forward any unused amount of the credit into subsequent years until the entire amount of the credit is used.

      (Added to NRS by 1995, 2049; A 2013, 2642)

      NRS 680B.0365  General tax on premiums: Credit for qualified equity investments.  Each insurer that makes a qualified equity investment, as defined in NRS 231A.130, or is allocated a credit pursuant to NRS 231A.210 is entitled to a credit against the premium tax in the manner provided in NRS 231A.200.

      (Added to NRS by 2013, 3455)

      NRS 680B.037  General tax on premiums: Tax in lieu of other taxes.  Payment by an insurer of the tax imposed by NRS 680B.027 is in lieu of all taxes imposed by the State or any city, town or county upon premiums or upon income of insurers and of franchise, privilege or other taxes measured by income of the insurer.

      (Added to NRS by 1983, 713)

      NRS 680B.039  General tax on premiums: Penalty.  Any insurer that fails to file the report or pay the tax as required by NRS 680B.025 to 680B.039, inclusive, within the time for filing and payment as provided in those sections shall in addition to any other applicable penalty pay a penalty of not more than 10 percent of the amount of the tax which is owed, as determined by the Department of Taxation, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax should have been paid until the date of payment.

      (Added to NRS by 1983, 713; A 1993, 1910; 1995, 469; 1997, 299; 2013, 3456)

      NRS 680B.0395  General tax on premiums: Exemption for authorized reinsurer.  An insurer who holds a certificate of authority as a reinsurer is exempt from the requirements of NRS 680B.025 to 680B.039, inclusive.

      (Added to NRS by 1987, 644; A 1995, 470; 1997, 299; 2013, 3456)

      NRS 680B.040  Independently procured coverages: Report; tax; penalty.

      1.  Every insured for whom this State is the home state as defined in NRS 685A.034 who procures or causes to be procured or continues or renews insurance in an unauthorized alien or foreign insurer, or any self-insurer in this State who procures or continues excess loss, catastrophe or other insurance, other than insurance procured through a surplus line broker pursuant to chapter 685A of NRS or exempted from that chapter, shall within 45 days after the end of each quarter in which such insurance was so procured, continued or renewed, file a written report as directed by the Commissioner pursuant to chapter 685A of NRS and furnished to such an insured upon request. The report must show:

      (a) The name and address of the insured or insureds.

      (b) The name and address of the insurer.

      (c) The subject of the insurance.

      (d) A general description of the coverage.

      (e) The premium currently charged therefor.

      (f) Such additional pertinent information as is reasonably requested by the Commissioner or the designee of the Commissioner.

Ę If any such insurance covers also a subject of insurance resident, located or to be performed outside of this State for which this State is the home state of the insured as defined in NRS 685A.034, for the purposes of this section a proper pro rata portion of the entire premium payable for all such insurance must be allocated and disbursed pursuant to the provisions of chapter 685A of NRS.

      2.  For the general support of the government of this State there is levied upon the obligation, chose in action or right represented by the premium charged or payable for such insurance a tax at the rate prescribed in NRS 685A.175 and 685A.180. The insured shall withhold the amount of the tax from the amount of premium charged by and otherwise payable to the insurer for such insurance, and within 30 days after the insurance was so procured, continued or renewed, and coincidentally with the filing of the report provided for in subsection 1, the insured shall pay the amount of the tax as directed by the Commissioner.

      3.  If the insured fails to withhold from the premium the amount of tax levied in this section, the insured is liable for the amount of the tax and shall pay it as directed by the Commissioner within the time stated in subsection 2.

      4.  If the insured fails to pay the tax imposed by this section, the insured shall in addition to any other applicable penalty pay a penalty of not more than 10 percent of the amount of the tax which is owed, as determined by the Department of Taxation, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax should have been paid until the date of payment.

      5.  The tax is collectible from the insured by civil action brought by the Department of Taxation, and by the seizure, distraint and sale of any property of the insured situated in this State.

      6.  This section does not abrogate or modify any other provision of this Code.

      7.  This section does not apply to life or disability insurances.

      8.  The provisions of this section do not prohibit the procurement of insurance from an unauthorized alien or foreign insurer by a person in accordance with the requirements of subsection 9 of NRS 680A.070.

      (Added to NRS by 1971, 1596; A 1985, 599; 1987, 899; 1991, 862; 1993, 1910; 2011, 2004)

      NRS 680B.050  General tax on premiums: Credit if home office or regional home office in Nevada.

      1.  Except as otherwise provided in this section, a domestic or foreign insurer, including, without limitation, an insurer that is exempt from federal taxation pursuant to 26 U.S.C. § 501(c)(29), which owns and substantially occupies and uses any building in this state as its home office or as a regional home office is entitled to the following credits against the tax otherwise imposed by NRS 680B.027:

      (a) An amount equal to 50 percent of the aggregate amount of the tax as determined under NRS 680B.025 to 680B.039, inclusive; and

      (b) An amount equal to the full amount of ad valorem taxes paid by the insurer during the calendar year next preceding the filing of the report required by NRS 680B.030, upon the home office or regional home office together with the land, as reasonably required for the convenient use of the office, upon which the home office or regional home office is situated.

Ę These credits must not reduce the amount of tax payable to less than 20 percent of the tax otherwise payable by the insurer under NRS 680B.027.

      2.  As used in this section, a “regional home office” means an office of the insurer performing for an area covering two or more states, with a minimum of 25 employees on its office staff, the supervision, underwriting, issuing and servicing of the insurance business of the insurer.

      3.  The insurer shall, on or before March 15 of each year, furnish proof to the satisfaction of the Executive Director of the Department of Taxation, on forms furnished by or acceptable to the Executive Director, as to its entitlement to the tax reduction provided for in this section. A determination of the Executive Director of the Department of Taxation pursuant to this section is not binding upon the Commissioner for the purposes of NRS 682A.240.

      4.  An insurer is not entitled to the credits provided in this section unless:

      (a) The insurer owned the property upon which the reduction is based for the entire year for which the reduction is claimed; and

      (b) The insurer occupied at least 70 percent of the usable space in the building to transact insurance or the insurer is a general or limited partner and occupies 100 percent of its ownership interest in the building.

      5.  If two or more insurers under common ownership or management and control jointly own in equal interest, and jointly occupy and use such a home office or regional home office in this state for the conduct and administration of their respective insurance businesses as provided in this section, each of the insurers is entitled to the credits provided for by this section if otherwise qualified therefor under this section.

      6.  For the purposes of subsection 1, any insurer that is exempt from federal taxation pursuant to 26 U.S.C. § 501(c)(29) and is restricted or prohibited from purchasing or owning real property pursuant to a contract with the Federal Government, including any entity thereof, shall be deemed to own any portion of any real property that the insurer occupies. The provisions of this subsection expire upon the expiration, cancellation, repayment or any other termination of the contract restricting or prohibiting such purchase or ownership.

      (Added to NRS by 1971, 1597; A 1971, 1937; 1983, 715; 1985, 1063; 1987, 1431; 1993, 1912; 1995, 470; 1997, 299; 1999, 768, 1829; 2013, 3456, 3600)

      NRS 680B.055  General tax on premiums: Eligibility for credit where home office or regional home office owned by limited partnership; proportion of ad valorem tax qualified for credit.

      1.  For the purposes of eligibility for the credit provided by NRS 680B.050, if an insurer is a partner, general or limited, in a limited partnership which owns a building used by the insurer as its home office or a regional home office, the insurer shall be deemed to own the building so used if:

      (a) The insurer’s proportionate interest in the partnership is equal to or greater than the proportion which the floor area of the building or portion thereof so used bears to the total floor area of the buildings on the contiguous real property owned by the partnership at the location of the building so used; or

      (b) The insurer’s interest in the partnership is 50 percent or more.

      2.  The ad valorem tax paid by the insurer shall be deemed to be that proportion of the total ad valorem tax paid by the partnership upon its contiguous real property at the location of the building which the floor area of the building so used bears to the total floor area of the buildings on the contiguous real property.

      (Added to NRS by 1987, 1430)

      NRS 680B.060  General tax on premiums: Collection; credit; payment under protest; deposit of taxes collected which are attributable to industrial insurance.

      1.  The taxes imposed under NRS 680B.027 must be collected by the Department of Taxation and promptly deposited with the State Treasurer for credit to the State General Fund.

      2.  If the tax is not paid by the insurer on or before the date required for payment, the tax then becomes delinquent, and payment thereof may be enforced by court action instituted on behalf of the State by the Attorney General. The Attorney General may employ additional counsel in the city where the home office of the insurer is located, subject to the approval of compensation for such services by the State Board of Examiners. The administrative and substantive enforcement provisions of chapters 360 and 372 of NRS apply to the enforcement of the taxes imposed under NRS 680B.027.

      3.  Upon the tax becoming delinquent, the Executive Director of the Department of Taxation shall notify the Commissioner, who shall suspend or revoke the insurer’s certificate of authority pursuant to NRS 680A.190.

      4.  If a dispute arises between an insurer and the State as to the amount of tax, if any, payable, the insurer is entitled to pay under protest the tax in the amount assessed by the Department of Taxation, without waiving or otherwise affecting any right of the insurer to recover any amount determined, through appropriate legal action taken by the insurer against the Department of Taxation, to have been in excess of the amount of tax lawfully payable.

      5.  Except as otherwise provided in NRS 680C.110, all taxes, fees, licenses, fines and charges collected under this Code, including the general premium tax provided for under NRS 680B.027 and as increased in any instances pursuant to NRS 680A.330, must be promptly deposited with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 1971, 1598; A 1983, 716; 1993, 1912; 1995, 2166; 1997, 1449; 1999, 444, 1830; 2009, 1769)

      NRS 680B.070  Assessment for National Association of Insurance Commissioners.

      1.  Each authorized insurer, fraternal benefit society, health maintenance organization, organization for dental care, prepaid limited health service organization and motor club shall on or before March 1 of each year pay to the Commissioner a reasonable uniform amount, not to exceed $30, as the Commissioner requires, to cover the assessment levied upon this state in the same calendar year by the National Association of Insurance Commissioners to defray:

      (a) The general expenses of the Association; and

      (b) Reasonable and necessary travel and related expenses incurred by the Commissioner and members of his or her staff, without limitation as to number, in attending meetings of the Association and its committees, subcommittees, hearings and other official activities.

Ę The Commissioner shall give written notice of the required amount.

      2.  Expenses incurred for the purposes described in paragraphs (a) and (b) of subsection 1 must be paid in full and are not subject to the limitations expressed in NRS 281.160 or in the regulations of any state agency.

      3.  All money received by the Commissioner pursuant to subsection 1 must be deposited in the State Treasury for credit to the National Association of Insurance Commissioners Account, which is hereby created in the Fund for Insurance Administration and Enforcement created by NRS 680C.100. Except as otherwise provided in subsection 2, all claims against the Account must be paid as other claims against the State are paid.

      (Added to NRS by 1971, 1598; A 1977, 810; 1979, 121; 1987, 460; 1991, 1625, 1818; 1993, 572, 573, 1913; 2003, 3283; 2011, 981)

      NRS 680B.120  Refund of overpayments.

      1.  Any person from whom fees, charges or taxes imposed by this Code have been erroneously collected may apply for refund at any time within 1 year after the date such fees, charges or taxes were originally required to be paid or within 30 days after the date of payment of any additional tax, charge or fee.

      2.  If the amount of taxes, charges or fees due are found to be less than the amount paid, either by examination of the return or by allowance of a claim for overpayment filed by the payer, then upon presentation of proper vouchers, the State Controller shall issue warrants upon the appropriate fund and the State Treasurer shall pay them out of the money credited to that fund.

      3.  Whenever such a refund is found to be due an insurer, the Executive Director of the Department of Taxation, in lieu of preparing the proper vouchers for a cash refund, may authorize the insurer to credit the amount of the refund against the premium tax payable by it under NRS 680B.027 in the next following calendar year.

      4.  No cash refund may be made unless the amount to be so refunded is $10 or more.

      5.  Claims for refund pursuant to this section must be submitted:

      (a) In the case of refunds of taxes payable to the Department of Taxation, to the Executive Director of the Department of Taxation.

      (b) In the case of refunds of taxes, fees or charges payable to the Commissioner, to the Commissioner.

      (Added to NRS by 1971, 1600; A 1983, 717; 1993, 1913)